Mills v. Commonwealth

Opinion of the Court by

Judge Sims

Affirming.

Greenberry Mills, Clarence and Tom Jordan were jointly indicted for the murder of Albert Smith. Upon their trial Tom was acquitted, while Greenberry and Clarence were convicted of manslaughter and given five years in the penitentiary. In their motion for .a new trial they assigned five errors, but here only one of them is argued in their brief, that the verdict is flagrantly against the evidence.

The three defendants lived in the same neighborhood. Tom’s home was between Greenberry’s and Clarence ’s, being about 500 yards from the former and some 300…