Garner v. Commonwealth

*602The accused has been convicted of murder in the second degree, and sentenced to confinement in the penitentiary for a term of twenty years, pursuant to the verdict of a jury. The case is now before us for review.

At the February term, 1945, the grand jury of Rocking-ham county indicted the accused jointly with Grace M. Smith for the murder of Frank C. Smith on February 20, 1945. They plead not guilty. On June 29, 1945, Grace M. Smith moved for a severance and the court ordered that she be tried separately. Her trial began on October 15, 1945, and lasted for seven days. It culminated in a…