Thomas v. Commonwealth

*540Opinion op the Court by

Chiep Justice Hurt—

Affirming.

The appellant, ‘ Prank Thomas, ivas indicted for the crime of wilful murder, committed, as was alleged, by shooting-and thereby killing Lee J. Arbegust, on the 26th day of November, 1921. He was tried and found guilty by the jury and the penalty for the crime fixed at death. The motion to set aside the verdict and grant a new trial being overruled, a judgment was rendered in conformity to the verdict, and adjudging that he suffer the penalty, as by law provided in such cases. He has appealed. The ground upon which a reversal is urged is that…