Day v. Commonwealth

The defendant, Earl Day, was indicted for attempted rape, and for robbery and sodomy against Della Claytor. The indictments were by consent heard together by a jury, which found the accused guilty as charged in each indictment and fixed his punishment at death for attempted rape, eight years confinement in the penitentiary for robbery, and three years confinement in the penitentiary for sodomy. To the judgments entered pursuant to the verdicts, we granted this writ of error.

We are asked to reverse these judgments on the grounds that the trial court erred in admitting certain evidence, and in…