Hamilton v. Commonwealth

MONTGOMERY, Judge.

Rudolph Hamilton was convicted of the willful murder of Ervin Basham and was sentenced to death. On appeal he urges that the court erred in refusing to grant a continuance, in the admission of certain testimony, and in refusing to discharge the jury because of the misconduct of the jury and because of the improper opening statement and closing argument of counsel.

A lone robber shot Ervin Basham in the back during the course of a holdup of Basham’s Liquor Store. Basham died almost instantly. The robbery occurred about ten o’clock on Saturday night, December 28, 1963. The…