Shell v. Commonwealth

Opinion op the Court by

Hobson, Commissioner—

Reversing.

Orb Shell was indicted in the Laurel circuit court for the murder of Hershel Jones by shooting him with a pistol. On the trial of the case he was found guilty of valuntary manslaughter and his punishment fixed at twenty-one years’ imprisonment. He appeals.

As shown by the indictment, the shooting occurred on October 20, 1931. The indictment was returned on October 20, 1931. The case was set for trial at the same term on November 10, 1931. The defendant filed an affidavit for a continuance on account of the absence of his witnesses. The…