Gillis v. Commonwealth

Opinion of the Court by

Commissioner Hobson

Eeversing.

This appeal is prosecuted by W. P. Gillis from the judgment of the Eockcastle circuit court sentencing him to confinement in the penitentiary for life for the murder of Chester Mullins.

The fact's shown by the Commonwealth are these:

The Gauley road in the town of Livingston crosses Eound Stone branch over a bridge. John Poynter, after dark on the night of December 13th, 1923, was near the end of this bridge when some one shot back of him; he walked off a little further up the road and some one shot six times. He thought there was. some one…