The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1907-04-25
new TRIAL GRANTED
SENTENCED TO SIXTEEN YEARS
IN THE PEN-cAsE FROM
MASON COUNTY.

MASON COUNTY.
CHARLESTON, April 25.-The Su;
preme Court Of Appeals, in a decision
by Judge McWhor,er, reversed and
remanded the case of the State vs..
Grover Cremeans, coming up from Nh.
son county, where the defendant was
found guilty Of murder in the second
degree, and sentenced 10 q period OF
confinement in the %penltentiary for
sixteen years, the court holding that
the lower court erred in refusing to
sccept in certain instructions offer.
ed by the defendant.
Grover Cremeans and William
Taylor were Jointly indicted In the
Mason county Circuit Court in June.
1904, for them urder Of John Smith.
Crcmcans elected to be tried separa.
tely, and on the 18th OF March, 1905,
he was found guilty OF murder in
the second degree and sentenced by
the conrt TO serve sixteen years In
the State penitentlary. There was
some doubt from the testimony nd.
duced at the trial as to which Of the
two fred the fatal shot. and the ST..
prcme Court rules that the defendant
cannot be convicted unless It mp.
years that II the other person did the
killing, the prisoner aided and abet.
ted in the commission of the act.
Tie syllabus written by Judge Nc.
Whorter, follows:
!. Where two persons are Jointly
Indicted for murder, and one is be.
Ing separately tried and both hal
the same opportunity 10 commit the
offense. If uron the whole there re.
mains a reasonable doubt as 10
which Of the two committed the act,
the defendant cannot be convicted
unless 1t appears that II the other
person did the killing the prisoner
aided and abetted In the commission
oflthe act.
7. Upon the trial Of a person for
murder threats pnoiher person
against the deceased are admissible
II such threats are accompanied by
proof tending 10 show the guilt Of
such other person or connecting him
with the crime.
3. On a. trial for murder 1t is com.
petent for the defendant t6cintro.
duce evidence showing his general
character and reputation for being
peaceable and law.abidlng, and mega.
tive evidence of character Is compe.
tent-and where n witness swears
that he has been acquainted with the
defendant n long time. and has been
well acquainted In the community
where he lives, his statement that he
has never heard defendants character
for peaccableness discussed or aucs.
toned is admissible.
4. When a party offers evidence
which he is entitled TO introduces 10
maintain the issues or his part, and
1t is excluded 1t will be presumed
that he was prejudiced thereby and
will work n reversal Of the Judgment,
unless Il clearly appears fom the whole
record that such evidence II II had
been admitted could not have changed
the result.
.. When q witness Is offered to tes.
tlfy in a case and objection Is made
thereto, and the objector offers to
show that the witness had been con.
fined tn an asylum for the insane, and
also put In Jail on a charge Of lunacy,
ami had not been discharged from his
lunTcy, lie should not be permitted to
testify until the court has made a
careful examination as 10 the facts,
as well as to the condition Of the
mind of the witness at the time and
found that he is competent,