Alsept v. Commonwealth

Opinion of the Court by

Drury, Commissioner — ■

Reversing.

On Sunday June 14, 1931, Kash Alsept wounded his double first cousin, Robert Alsept, by shooting him with a pistol from which shooting Robert died on July 19, 1931.

Kash Alsept, Johnny Alsept, and Tollie Davis were jointly indicted and charged with murder. They were tried together, Johnny Alsept was acquitted, Davis was given 2 years in the penitentiary, and Kash Alsept given 21 years. The two convicted men filed an elaborate motion for a new trial. A new trial was awarded to Davis and denied to the appellant.

Appellant has discussed much…