HARVEY v. COMMONWEALTH


229 S.W.2d 458 (1950)

312 Ky. 688

HARVEY v. COMMONWEALTH.

Court of Appeals of Kentucky.

As Modified on Denial of Rehearing May 12, 1950.


Attorney(s) appearing for the Case

Joe P. Tackett, Prestonsburg, Hayes & Wellman, Prestonsburg, for appellant.

A. E. Funk, Atty. Gen., Zeb A. Stewart, Asst. Atty. Gen., for appellee.


LATIMER, Justice.

Appellant, Dave Harvey, was jointly indicted with Billie Barnett for the murder of Clifford Branham. They were also charged in the indictment of entering into a conspiracy to commit the crime, and in furtherance thereof, one of the defendants, but which one was not known to the Grand Jury, did the cutting and wounding from which Branham died, and that the other unlawfully, willfully, and with malice aforethought, aided and abetted therein. Appellant...

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