Ely v. Commonwealth

Opinion op the Court by

Creal, Commissioner

Affirming.

Bill Ely and Roosevelt Saylor were jointly indicted in the Bell circuit court for the murder of Elihu Simpson. They were tried on the indictment at the May term, 1929, and both found guilty of manslaughter and their punishment fixed at two and five years’ imprisonment, respectively. They filed motion and grounds for a new trial and in support thereof filed numerous affidavits. The court sustained their motion.

Bill Ely was again put on trial, at a special term of court in December, 1930, his codefendant, Roosevelt Saylor having been killed in…