Newberry v. Commonwealth

Opinion op the Court by

Judge Logan

Affirming.

The appellant, Joe Newberry, was indicted in the Perry circuit court jointly with John Combs and Dill Asher, charged with murder of Lou Banks. . A separate trial was demanded, and the appellant was first tried. He was convicted and given a life sentence, but upon his motion for a new trial the verdict of the jury was set aside and he was given another trial. On the second trial he was again convicted and his punishment fixed at life imprisonment, and from that judgment he appeals.

The killing took place at a small village by the name of Karlas, which…