Clark & Gailor v. Commonwealth

Opinion op the Court by

Judge Settle

Affirming as to the appellant Gailor and reversing as to the appellant Clark.

The appellants, Marsh Clark and Dave Gailor, both of the colored race, were jointly indicted for, together tried, and each convicted in the court below of the crime of murder, the punishment inflicted upon each by the joint verdict declaring his guilt being confinement in the penitentiary for life. They entered in the court below, accompanied by the filing of the grounds supporting same, a joint and several motion for a new trial, which was overruled as to each of them, excepting to…