Byerley v. Commonwealth

Opinion op the Court by

Judge Cammack

Reversing.

Claude Byerley was charged with the crime of arson. Upon his trial he was found guilty and his punishment fixed at two years in the reformatory. The grounds urged for reversal are: (1) The verdict is not supported by the evidence; and (2) Byerley’s substantial rights, were prejudiced by' the trial judge entering the jury room after the case had been submitted to the jury and before a verdict had been reached.

Byerley was charged with burning the residence of Ms close neighbor, Bishop Record. The evidence clearly established a motive, because on the…