Marcum v. Commonwealth

Opinion op the Court by

Stanley, Commissioner—

Beversing.

Oscar Marcum and Bill Sergent appeal from a judgment of conviction and sentence of 15 years’ imprisonment for killing Ed Brown.

Marcnm was a constable of Letcber County and be and bis co-defendant were cruising about or- patrolling tbe roads on' Sunday afternoon, November 13, 1938. Brown was riding in an automobile with John Tester-man and wife. They bad run out of gas at the junction of tbe Lewis Creek road with tbe highway along Cumberland Biver. According to tbe Commonwealth’s proof, while Brown, unarmed, was walking down tbe road, tbe…