Hale v. Commonwealth

Opinion of the Court by

Chief Justice Ratliff—

Affirming.

The appellant and Henry (“Possum”) Simmons were jointly indicted at the September term, 1935, of the Daviess circuit court for the murder of Ezra Boar-man. Simmons was tried at the January, 1936, term of the court, convicted of manslaughter, and sentenced to 12 years in the penitentiary. He did not appeal. The appellant Hale, was tried at the May, 1936, term of the court, convicted of manslaughter and sentenced to a term of 6 years in the penitentiary. He appeals.

Various grounds are insisted on in brief of appellant for a reversal. First,…