Barrett v. Commonwealth

Opinion op the Court by

Judge McCandless

Affirming.

In a trial in the Jefferson circuit court, Frank Thomas was convicted of murder and his punishment fixed at death. On appeal to this court that judgment-was affirmed in an opinion reported in 196 Ky. 139.

Thereafter in compliance with section 1137, Kentucky Statutes, he was conveyed to the state penitentiary at Eddyville to await the execution of the sentence. The Governor fixed the date for his execution at Februarv 25,1923.

A few days prior to that date his attorneys filed in the Lyon circuit court clerk’s office a petition in accordance with…