Gambrell v. Commonwealth

Opinion of the Court by

Judge Carroll —

Reversing.

The two principal questions in this case are •. First, whether there was sufficient evidence to establish the existence of a conspiracy between Allen Gambrell and his codefendants to take the life of John Gambrell, and whether, in pursuance of such conspiracy, and while it existed, his life was taken; and, second, does the existence of a conspiracy, and a homicide as the result of it, operate to deprive the accused of the right to rely upon the plea of self-defense?

The appellant and his brothers, Silas, Rice, Tom, and Nelson, were jointly…