Martin v. Commonwealth

Opinion op the Court by

Morris, Commissioner

Reversing.

On May 23, 1942, appellant, then about 46 years of age, shot and killed Billie Martin, a second cousin, about 17 years of age. A true bill charged murder, and we gather from the transcript and appellant’s brief there had been former trials resulting in hung juries. Appellant was finally tried in September, 1944, by a jury brought from a neighboring county, found guilty and sentenced for a term of eleven years in the penitentiary. While on motion for new trial eight or more grounds were laid in support, here appellant relies upon three…