Johnson v. Commonwealth

Opinion op the Court by

Cread, Commissioner—

Affirming.

Jointly indicted with Boyd H'erald in the Breathitt circuit court for the murder of Talbert Turner, Johnson on separate trial was found guilty and his punishment fixed at imprisonment for life. He has appealed, relying for reversal of the lower court’s judgment on the following grounds: (1) The verdict of the jury is not supported by and is flagrantly against the evidence; (2) newly discovered evidence material to his defense; (3) improper remark of the commonwealth’s attorney-in the closing argument to the jury, (4) alleged error in…