Underwood v. Commonwealth

Opinion of the Court by

Morris, Commissioner

Affirming.

Tried under an indictment which charged him with murder, appellant was found guilty and given the death penalty. Motion for a new trial was overruled, judgment entered in accord with the verdict, from which this appeal is prosecuted.

The homicide occurred early in the morning of April 29, 1936. The man killed was Wallace Van Fleet, proprietor of a railroad restaurant in Lebanon Junction, in which place the homicide took place. Deceased was also the night marshal of the town.

On the day immediately preceding the killing, Jasper Metcalfe…