Combs v. Commonwealth

Opinion op the Court by

Morris, Commissioner

Affirming.

Appellant, Bnrnett Sexton, Yiola Crouch and May Trent, were indicted for the murder of Robert McIntyre. Severance was asked, and the Commonwealth first elected to try Sexton, later electing to try appellant, the trial resulting in a verdict of guilty, fixing punishment at death. Motion for a new trial was overruled, judgment, entered and reversal sought, chiefly on procedural grounds, as follows:

The court committed prejudicial error (1) in overruling motion for a change of venue, and motion to continue hearing on that motion to a later…