Bailey v. Commonwealth

Opinion op the Court by

Morris, Commissioner—

Reversing.

Appellant and Toy Lenning were charged with the mnrder of Claud Brown. Following severance Bailey was put on trial, resulting in a verdict and consequent judgment of nine years ’ confinement in the penitentiary. Numerous grounds for new trial were set up, but on appeal narrowed to four: (1) The court erred in overruling appellant’s motion for a directed verdict; (2) incompetent and prejudicial evidence was admitted over appellant’s objection. (3) The court did not instruct the jury on-the whole law of the case; lastly the verdict was…