By the Associated Press
Cumberland Court House, Va., Dec. 15—With the conviction today of Larkin C. Garrett on a charge of voluntary manslaughter and a sentencer of four years imprisonment, the next step in the now famous Garrett-Pierce murder case will come from Judge B.D. White. The court now has before it a motion to set aside the verdict in the trial ending today as well as the verdict in the case of Robert O. Garrett, Larkin’s b rother, who was convicted last month of second degree murder and sentenced to five years imprisonment. The brothers, both of whom are prominent business men of Cumberland and hold several official positions, were charged jointly with first degree murder in connection with the killing last June 5 of Reverend Edward S. Pierce, a Baptist minister. Each has had two trials, a mistrial resulting in the first trial of each.
Judge White had announced he would make known today his decision on the motion of Robert Garrett that the verdict in his case be set aside and a new trial granted. However, he had not completed his study of the points raised by the defense and postponed the matter until the next term of the Cumberland court in January. It was believed possible that Larkin Garrett’s motion also would be decided at that time as the potion was identical.
The new trial motion is based on alleged errors by the court in the matter of instructions; on the ground that the verdict is contrary to the law and the evidence, and particularly on the ground that the defendant’s constitutional rights were infringed by the court in granting a change of venue over the protest of the defense.
From the front page of the Durham Morning Herald, Sunday, Dec. 16, 1923
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