Carnes v. Commonwealth

Opinion of the Court by

Chief Justice Hobson

Affirming.

' Ben Carnes and Alex Matliena were indicted in the Bell Circuit Court for the murder of George Montgomery. They demanded a separate trial. Carnes being tried first, was found guilty of murder, and bis punishment fixed at confinement in the penitentiary for life. He appeals.

Montgomery was a miner. He and Ms wife were going along the road on the way to bis work wben they met Carnes and Matbena, and be' was killed. His wife thus tells what occurred: “Mr. Carnes spoke to him and be said, “George, you have been talking about me,” and Mr. Carnes…