Carroll v. Commonwealth

Opinion of the Court by

Judge Thomas

Reversing.

The appellant, Vina Carroll, and her husband, John Carroll, with two small children, lived in the town of Kitts, which is a suburb of the city of Harlan, in Harlan county. The husband worked away from home, and was not there from Monday morning until the end of the week. On the night of December 3, 1926, appellant, Robert Murr, Virginia Hatfield Murphy, and Pearl Bryant were in the Carroll home. The latter two retired in the front room, appellant in the first room back of it, and Murr in the third room in the rear of the house. At about 11:30 on…