Roberts, Bevins and McCoy v. Commonwealth

Opinion op the Court by

Judge Dietzman

Reversing as to appellants, Bevins and McCoy, and affirming as to appellants-, G-areie and Floyd Roberts.

The four appellants herein were indicted for the murder of Ora Kimble and on their trial were found guilty of voluntary manslaughter and each sentenced to twenty-one years in the penitentiary. To properly get at their contentions on this appeal it will be necessary to summarize the testimony of each witness, at least so far as that of the Commonwealth is concerned.

Freeland Staton testified, in substance, that on the night of January 31, 1925, he and Ora…