Lett v. Commonwealth

Opinion of the Court by

Morris, Commissioner

Reversing.

Appellant, alias Lee Thomas, Hoyt Butler, alias Jeffrey, Thomas Ross and Rogers Tate, were jointly indicted December 4, 1939, for the murder of William D. Tittle on September 21, 1939. All four were arraigned on December 5, and trials set for the 12th of the same month; being without counsel a member of the local bar was appointed to defend. Later severance was granted, the commonwealth electing to try Lett.

Motion for a change of venue and continuance were overruled. A jury was empanelled, and trial resulted in a verdict of guilty, and…