Burden v. Commonwealth

Opinion op the Court by

Judge Ratliff—

Reversing.

At the May, 1943, term of the Muhlenberg circuit court the grand jury returned an indictment against the appellant charging him with the wilful murder of Rudolph Hope. At a trial beginning on May 19 and concluded on May 20 the jury returned a verdict finding appellant guilty as charged in the indictment and fixed his penalty at confinement in the penitentiary during his natural life. Motion and grounds for a new trial were filed and overruled and from a judgment entered upon the verdict this appeal is prosecuted.

The first ground urged for…