Fox v. Commonwealth

Opinion of the Court by

Judge Harris

Affirming.

Tire appellant was convicted of committing rape on Myrtle Barnes, a wliite girl, and Ms punishment fixed at death. The crime and its circumstances were most revolting, so much so that details would be omitted if it were not for the severity of the punishment which the jury in its discretion has seen fit to inflict.

Miss Barnes, who lived in Jackson, Kentucky, and was a member of the high school there, was visiting her sister in Newport, Kentucky. On the night of August 23, 1943, she was in one of the parks there at Newport in company with her young…