Burnam v. Commonwealth

Opinion op the Court by

Sims, Commissioner

Affirming.

Appellant, Eugene Burnam, a negro, appeals from the judgment of the Fayette Circuit Court wherein he was convicted of the crime of rape and his punishment fixed at death. A former conviction carrying the same penalty was reversed because of prejudicial remarks made by the trial judge to the jury relative to the length of time he might hold them on the consideration of the case. See Burnam v. Com., 283 Ky. 361, 141 S. W. (2d) 282.

Upon this appeal Burnam relies upon four alleged errors for reversal: 1. The court did not instruct on the whole…