Asbury v. Commonwealth

This is an appeal from a sentence pronounced in the trial court upon a jury verdict finding the defendant guilty of the second degree murder of Robert E. Lee and fixing his punishment at a term of twenty years in the state penitentiary.

Robert E. Lee and Carrie Dell Wells died as a result of gunshot wounds received in the early morning hours of July 24, 1967. Lee died while enroute by ambulance from the scene of the occurrence at West Raven to a hospital in Richlands. Miss Wells, who survived for some time, later died of her wounds.

A warrant was issued on July 24, 1967, charging the defendant…