Frasure v. Commonwealth

Opinion of the Court by

Judge Thomas

Reversing.

The grand jury of Carter County, on the 26th day of May, 1915, returned against appellant, Robert Frasure, an indictment charging him with wilfully murdering in that county, Stella Kinney, on the 2nd day of May, preceding the indictment. His ease was set for trial at that term of the court and on the 7th day of June. A trial at that time resulted in a hung jury, and a second trial was had at the following October term of the court, resulting in appellant being convicted by the verdict of the jury and his punishment fixed at confinement in the…