Watson and Kelly Caudill v. Commonwealth

Opinion op the Court by

Judge Settle —

Affirming.

On April 21, 1925, one Tom Berry, was shot and killed near Christopher, a railroad station in Perry county, this state, and on the following day, April 22, 1925, Watson Caudill, Kelly Caudill, Austin Godsey and Beech Davis were jointly indicted by the grand jury of Perry county for the killing of Berry; the crime charged in the indictment against each of them being that of murder.

The indictment contained five counts, in the first of which the four named defendants were, jointly and severally, substantially charged with entering into a conspiracy…