Sexson v. Commonwealth

Opinion op the Court by

Hobson, Commissioner

Reversing.

Elmer Grayson, Dick McNise, and Ben Sexson were jointly indicted for the murder of J. Robert Kirby. Grayson was tried and received a life sentence in the penitentiary. McNise died from a wound be received. Finally Sexson, who was only nineteen years of age was placed on trial. He was found guilty, and Ms punishment fixed at death. He appeals.

The first objection made is that the defendant’s demurer to the indictment should have ben sustained. Briefly put, the descriptive part of the indictment is tMs: In December, 1929, the three defendants…