Buttery v. Commonwealth

Opinion of the Court by

Turner, Commissioner

Reversing.

Appellant, Shelby Buttery, and Pit Nicholson were jointly indicted, charged with the murder of Shelby Mar-cum. They were charged in one count with a conspiracy as a result -of which one of them killed Marcum, in another they were jointly charged with the murder, and in three other counts it was charged that each of defendants shot and killed Marcum while the other two were present aiding and abetting.

Appellant on his separate trial was found guilty of manslaughter and sentenced to 18 years’ imprisonment, and prosecutes this appeal.

Several…