Nelson v. Commonwealth

Rogers Nelson, a negro man, was murdered in Alleghany county on July 18, 1928. For that crime Gilbert Nelson, his brother, Jasper Nelson and Murrill Nelson, Gilbert’s wife, were jointly indicted and charged with murder. In due course a jury found the defendant, Gilbert Nelson, guilty of murder in the second degree, and fixed his punishment at fifteen years con*914finement in the State penitentiary. That verdict was approved by the trial judge and is now before ns on a writ of error.

In considering the assignments we will, for convenience, first take up the claim that the judgment is wholly…