Hamilton v. Commonwealth

Opinion op the Court by

Judge Rees

Reversing.

Basil Hamilton, Walk Stumbo, and Daniel Akers were indicted for the murder of Lawrence Roberts. The indictment charged each of the accused with shooting and killing Roberts, and also alleged that they entered into a criminal conspiracy, the object and purpose of which was the death of Roberts, and, while such conspiracy existed and in pursuance thereof, one of the accused shot and killed Roberts, the others being present aiding and assisting him. Upon a separate trial, Walk Stumbo was convicted of manslaughter and sentenced to three years ’…