Phillips v. Commonwealth

Opinion of the Court by

Chief Justice Ratliff—

Affirming’.

Appellant has appealed from a judgment of the Jefferson circuit court sentencing him to death for the murder of Ella Williamson, his common-law wife with whom he had lived about nine years, excluding two or three months immediately preceding the homicide. In the motion and grounds for a new trial a number of alleged errors are set out, but in brief of appellant they are all abandoned except one, viz., that the court committed error in failing to instruct the jury on appellant’s mental condition.

When the case was called for trial…