Maiden v. Commonwealth

Opinion op the Court by

Drury, Commissioner—

Reversing.

On October 19, 1927, James Maiden shot and killed Tom Brannon. He was charged by indictment with murder, and upon Ms trial was convicted of manslaughter ; his punishment was fixed at confinement in the penitentiary for 21 years. His motion for a new trial was overruled, he excepted, and has appealed.

It appears that neither the commonwealth’s attorney nor the county attorney took any part in this prosecution* and that the prosecution was conducted by counsel employed by the father of the slain man. Maiden has devoted a large part of his…