Thompson v. Commonwealth

Opinion óf the Court by

Judge Perry

Reversing.

John Thompson, having by the grand jury of Harlan county been indicted for the offense of murder, was upon trial found guilty as charged and his punishment fixed at death.

He has appealed, relying upon a number of grounds for reversal, but only one of which we deem it needful to here discuss, namely, that the Harlan circuit court was not lawfully in session at the time the trial of appellant on this indictment was held.

This trial took place during what purported to be an extension of the regular March term, 1936, of the Harlan circuit court, which…