Delk v. Commonwealth

Opinion op the Court by

Morris, Commissioner

Affirming.

Tlie appellant, Henry Delk, was convicted o-f the murder of Garvil Burton in August 1946, and sentenced to life imprisonment. He seeks a reversal upon several grounds.

The indictment charges the appellant and “some person whose name is unknown to the grand jury” with having committed the murder by ‘ ‘ unlawfully, wilfully and feloniously” shooting and by striking Burton with a club, a deadly weapon. It further charges that each of them aided and abetted the other. The indictment is carelessly drawn, and only states the given name of the…