Sexson v. Commonwealth

Dissenting Opinion by

Chief Justice Thomas.

The reversal of the judgment of conviction herein was made upon the sole ground that the court erred in overruling defendant’s application to require the body of the deceased, J. Robert Kirby, exhumed, and that a bullet, supposed to be therein, extracted in order to determine whether the bullet, if found, was one fired from a rifle instead of from a pistol, the latter of which defendant claimed to have used upon the occasion of the killing of the deceased. No other reversible error was found in the record, and the opinion, in substance, holds that no…