Elliott v. Commonwealth

Opinion op the Court by

Judge Thomas

— Affirming;

_ On a day in October, 1940, the appellant, William' Elliott, then about twenty-one years of age, shot and-killed Joe Tuggle in the jail of Whitley -County. The-grand jury of the county later indicted him for murder, the indictment containing counts charging appellant with, having previously been convicted of felonies. At the-trial of the indictment appellant was convicted of murder and punished by infliction of the death penalty. His motion for a new trial was overruled and from that order, and the judgment pronounced on the verdict, he…