Maddox v. Commonwealth

Stanley, Commissioner.

Reversing.

On the morning of March 5, 1946, Lonis Monkedick, a 76 year old night watchman at Heringer’s saloon and cafe in Newport, was found badly beaten up. He died a few days later without regaining consciousness. The place had been burglarized and the conditions indicated a struggle had taken place. Two years later Robert Maddox and William NeCamp were indicted for the murder and were separately tried. Both were convicted and the death penalty adjudged in each case. See NeCamp v. Commonwealth, 311 Ky. 676, 225 S. W. 2d 109.

Some of the grounds upon which the appellant,…