Rose v. Commonwealth

Opinion of the Court by

Sims, Commissioner

Reversing.

The appellant, Lee Rose, defendant below, was convicted of the murder of Homer Carpenter, and his punishment was fixed at life imprisonment. He seeks to reverse the judgment because: (1) There was a variance between the indictment and the proof; (2) he should have been granted a continuance; (3) a peremptory instruction should have been given in his favor; (4) the evidence did not justify an instruction on murder; (5) the Commonwealth was allowed to contradict statements contained in defendant’s affidavit which it agreed might be' read to the…