Green v. Commonwealth

Whittle, P.,

delivered the opinion of the court.

Plaintiff in error, James Green (a minor sixteen or seventeen years of age) was jointly indicted with his brother, Wesley Green, for the murder of John Harris. The prisoners elected to be tried separately. Whereupon, plaintiff in error interposed a demurrer to the indictment, which was overruled; and upon the plea of not guilty the jury convicted him of murder in the second degree and fixed the term of his imprisonment in the penitentiary at eight years. To the judgment sustaining that verdict this writ of error was granted.

1. The first, fourth…