Stacy v. Commonwealth

Opinion of the Court by

Turner, Commissioner

Reversing.

The two appellants were jointly charged with the murder of John Stacy by shooting him. They were then each charged in separate counts with doing the shooting, and the other with being present aiding and abetting. On their joint trial they were each found guilty and sentenced to 10 years’ imprisonment, and from that judgment they prosecute this appeal.

Appellant Samuel Stacy was the coroner of Perry county, and late in the day of the 26th of July, 1926, there came to his hands a warrant issued by a magistrate of the county against the…