Marcum v. Commonwealth

Opinion op the Court by

Morris, Commissioner—

Affirming.

On the former appeal of this case we reversed for a new trial, because it was developed that one of the jurors on the first trial was disqualified. 283 Ky. 590, 142 S. W. (2d) 137. The first verdict visited a penalty of confinement of each appellant for a period of fifteen years, which upon retrial was reduced to five years; from a judgment in accordance appeal is prosecuted, it being contended that the court erred in the admission of incompetent and prejudicial evidence; refused to admit competent evidence offered by appellants, which as…