Napier v. Commonwealth

Opinion of the Court by

Van Sant, Commissioner

—Reversing.

Wilson Feltner’s body was struck and run over by a train at or near a public crossing’in Laurel County between 4:25 and 4:30 o ’clock a. m., June 7, 1945: The body was found on the right of way approximately one-half hour later. Because of the circumstances, which hereinafter will be recited, appellant, John Pennington, Sewell McWhorter, Roy B. Mullins, and Walton Watkins were indicted for Feltner’s murder. Appellant was tried separately, found guilty of manslaughter, and sentenced to serve two years in the State Reformatory. He seeks…