Commonwealth v. Branham

Opinion op the Court by

Judge Ratlipf

Certifying tbe Law.

Tbe appellee, S. T. Branham, was indicted by the-grand jury of Bath county for the murder of one Clint Fugate. Upon a trial of the case he was convicted and. sentenced to the penitentiary for a period of five years. Motion and grounds for a new trial were filed, which the trial court sustained and granted appellee a new trial. The Commonwealth has appealed for a certification of the law, insisting that the grounds filed for a new trial were insufficient and the court erred in sustaining the same. The grounds for a new trial are, in…