Commonwealth v. Saylor

Opinion of the Court by

Judge Miller

Certifying the law.

At the February term, 1913, of the Magoffin Circuit Court the defendant, Dennie Saylor, was indicted for the murder of Mack Bailey. The indictment contained two counts; one charging willful murder, the other charging him with conspiring with Bud Collins to kill Bailey. A separate indictment was returned against Collins, but he made his escape and has never been apprehended. Saylor was tried at the May term, 1913, but the jury failed to agree upon a verdict.

Upon the trial the court gave an instruction covering the law of murder, and the…