Bates v. Commonwealth

OpiNioN op the Court by

Sims, Commissioner

Affirming.

The defendant, Emaline Bates, was indicted by the Grand Jury of the Harlan Circuit Court charging her with the wilful murder of Victoria Gross by striking and wounding her upon her head and body with a hard instrument, the exact description of which was unknown to the Grand Jury. The trial resulted in a conviction of murder, the punishment was fixed at confinement in the penitentiary for life and she now seeks to reverse the judgment because: 1. No corpus delicti was proven; 2. there was only circumstantial evidence against her .and as that…