Smith v. Commonwealth

MONTGOMERY, Judge.

Willie Gaines Smith appeals from a judgment fixing his punishment at death. He was indicted jointly with Hassie Cane Martin for the willful murder of Olin Alexander. See Martin v. Commonwealth, Ky., 361 S.W.2d 654 (1962). They were tried separately.

Appellant urges that: (1) The trial court erred in denying his motion for a change of venue; (2) his alleged confession was obtained in violation of KRS 422.110 and of the Kentucky and United States Constitutions; (3) certain evidence was admitted erroneously; and (4) the jury was permitted to separate improperly.

Appellant moved…