Commonwealth v. Phillips

Opinion of the Court by

Judge Willis

Certifying the law.

Will Phillips was indicted for the willful murder of John Will Thacker. There was a mistrial, and the commonwealth has appealed to obtain a correct exposition of the law for the guidance of the circuit court on another trial. Criminal Code, secs. 335-337; Commonwealth v. Matthews, 89 Ky. 287, 12 S. W. 333, 11 Ky. Law Rep. 505; Commonwealth v. Hourigan, 89 Ky. 305, 12 S. W. 550, 11 Ky. Law Rep. 509; Commonwealth v. Robinson, 84 S. W. 319, 27 Ky. Law Rep. 14.

James C. Justice and Marvin Williamson were deputy sheriffs of Pike county. A…