McElwaine v. Commonwealth

Opinion of the Court by

Judge Settle

Affirming.

The appellant, Andrew McElwaine, a negro, was tried, convicted and given the death penalty in the Wayne Circuit Court, under an indictment charging him with the murder of James Baker, also a negro. He sought a new trial in the court below and now asks of this court a reversal of the judgment of conviction on two grounds: First, that the trial court admitted incompetent evidence. Second that the court in instructing the jury failed to give all the law of the case.

To properly determine the questions thus presented, consideration of the evidence will…