Terrill v. Commonwealth

Opinion of the Court by

Morris, Commissioner

Reversing.

Appellant and Richmond Graham were charged with murdering Arthur Tester on August 27, 1938. The indictment was returned on September 13, and trial was had on September 19, following. Motion for severance was sustained and the Commonwealth elected to try appellant. The trial resulted in a verdict of guilty and fixing penalty at twenty-one years confinement, the maximum for voluntary manslaughter. Judgment was entered upon the verdict; motion for new trial overruled, and appeal is prosecuted.

While the motion for a new trial was supported by…