Gilley v. Commonwealth

Opinion op the Court by

Morris, Commissioner

— Reversing.

On September 19, 1938, the grand jury of Whitley County returned a true bill charging appellant with the crime of rape upon Gracie Lee Partin, a female above the age of twelve and under the age of sixteen. Kentucky Statutes, Section 1155.- At the- conclusion of the trial, begun on September 30, 1938, the jury returned a verdict of guilty and inflicted the death penalty. Motion for a new trial was overruled and judgment entered.

In his motion for a new trial appellant advanced six grounds in support thereof, but in brief the following…