Boggs v. Commonwealth

Simon Boggs was convicted by a jury of murder in the second degree and sentenced to twenty years’ confinement in the penitentiary for killing Woodrow Mullins during an altercation which was primarily between Boggs and Ray Bolling.

The evidence is sufficient to sustain a finding of murder in the second degree, but accused assigned numerous errors which he asserts were made during the trial and for which he moved that the verdict be set aside. Those material to the questions presented may be stated as follows:

The court erred during the progress of the trial by its failure promptly and…