Sain v. Commonwealth

Opinion of the Court by

Chief Justice Hurt

Reversing.

*216The appellant, Prank TI. Sain, was indicted jointly with Mrs. W. S. Crabtree for the murder of W. S. Crab-tree. The indictment charged them with conspiracy to murder Crabtree, and that in pursuance of the conspiracy the appellant killed and murdered him, and his co-defendant aided and abetted him in so doing. Mrs. W. S. Crab-tree was the wife of the victim of the homicide. Crabtree was a miner and lived in the town of Jenkins with his family, which consisted of his wife and a daughter, about ten years of age. The house in which he lived was…