Scott v. Commonwealth

*514This is a writ of error to a judgment of the circuit-court of Wise county.

The plaintiff in error (hereinafter called defendant) was indicted for the murder of Ray Suthers, at Big Stone Gap, on Sunday evening, December 21, 1923, was tried on the 16th day of June, 1924, found guilty of murder in the second degree and sentenced to confinement in the penitentiary for the term of seven years.

The first assignment of error is that the court erred in refusing to set aside the verdict of the jury, because the same was contrary to the law and evidence.

From the record it appears that the defendant, a…