Gray v. Commonwealth

Burn V. Gray and William Gray were jointly indicted for the murder of J. Peyton Stewart, a policeman of the city of Petersburg, Virginia. The indictment contains two counts, the first charging that Burn V. Gray murdered Stewart, and that William Gray was present aiding and abetting in the murder; and the *574second charging that William Gray murdered Stewart and that Burn V. Gray was present aiding and abetting in the murder. The second count was abandoned at the trial.

Upon the trial, Burn V. Gray was convicted of murder in the first degree, and his punishment fixed at death; while William Gray…