Carmen v. Commonwealth

Opinion op the Court by

Judge Cammack

Affirming.

The appellant, Vester Carmen, his brother, Herod Carmen, and his half-brother, Jimmie D. MeCatheron, were jointly indicted for the murder of Frank Hurt early on the morning of February 15, 1946. Upon his separate trial Vester was sentenced to 21 years in prison. Upon this appeal he is urging that (1) it was error for the trial court to permit the Commonwealth’s Attorney to take a witness from the stand and consult with him and then recall him for further examination; (2) the confession of the appellant was obtained in violation of the…