Berry v. Commonwealth

Opinion of the Court by

Drury, Commissioner—

Reversing.

On Sunday, September 4, 1927, Johnson Berry shot his divorced wife, Susie Berry, and from that shooting she died a few hours thereafter. He was charged by indictment with murder, upon his trial he was found guilty, and his punishment fixed at death. The severity of this punishment is our apology for the length and elaboration of this opinion.

This is a noteworthy record. The order book entries are full, clear, and correct; both the commonwealth and the defendant were represented by skilled and careful counsel, who knew the case and noted…