Apple v. Commonwealth

HOGG, Judge.

John Oscar Apple seeks a reversal of the judgment sentencing him to life imprisonment in the penitentiary for the murder of John L. Meredith. He urges that (1) the lower court should have directed a verdict of not guilty, and (2) the court permitted incompetent evidence to be heard by the jury.

The conviction of Apple was based entirely upon circumstantial evidence. He did not testify at his trial. The determination of ground (1) calls for a statement of the essential facts adduced at the trial.

Around 5 a. m. on August 1, 1955, Meredith, who was 72 years of age, was killed in the…