Jolly v. Commonwealth

*191Opinion op tiie court by

JUDGE HOBSON

Reversing.

Appellant was indicted for the murder of Emma Klekamp. The jury to whom the case was submitted found him guilty as charged, and fixed his punishment at death. Judgment was entered upon this verdict. The only grounds of reversal necessary to be noticed relate to the instructions to the jury given and refused by the court on the trial. To understand these properly, we must briefly state the facts shown by the evidence.

The proof showed that appellant, Jolly, was the brother-' in-law of the deceased, Emma Klekamp. In July, 1900, Jolly and wife were…