Gailey v. Commonwealth

REED, Justice.

The appellant, Henry Gailey, was indicted for killing John Noe and wounding John Noe’s son, Bert Noe. The jury found Gailey guilty of manslaughter for the killing of John Noe and fixed his punishment at fifteen years’ confinement in the penitentiary; the jury also found him guilty of maliciously shooting and wounding Bert Noe and for this offense fixed his punishment at two years’ confinement in the penitentiary. Both the appellant and the Commonwealth agree that the trial court ordered the sentences to be served concurrently. Appellant asserts prejudicial error occurred when…