Whitaker v. Commonwealth

Opinion of the Court by

Morris, Commissioner

Affirming.

Appellant charged with the murder of Roscoe Hinkle was found guilty and the penalty fixed at imprisonment for life. His motion for new trial was supported by ten or more grounds; those urged on appeal are: (1) The court committed prejudicial error in overruling motion for continuance. (2) In admitting over objection the testimony of a five year old boy, on grounds that he was not shown to have been properly qualified as a witness. (3) Certain incompetent testimony was prejudicial though withdrawn from the jury.

The homicide occurred about…