Kirk v. Commonwealth

Opinion op the iOourt by

Judge Settle

— Affirming.

The appellant, Herman Kirk, was tried in the court below under an indictment charging him with the crime of. murder; the jury returned a verdict finding him guilty as charged and fixing his punishment at confinement in the penitentiary for life. He was refused a new trial and prosecutes an appeal from the judgment of conviction entered upon the verdict.

The victim of the homicide was an old man, apparently of the “hobo” class, wholly unknown to any resident of the community in which he was killed. Although called in the indictment John Doe, it is…