Owens v. Commonwealth

The accused, Roger Owens, was tried by a jury upon an indictment charging him with the crime of attempted rape. His punishment was fixed at confinement in the penitentiary for a period of five years, and judgment was accordingly pronounced by the court. Ten days thereafter the accused submitted a motion in writing,- seeking to have the verdict set aside on the sole ground that during the progress of the trial the sheriff permitted the jury to separate, in derogation of the provisions of section 4902 of the Code, which reads in part as follows:

“In any case of a felony where the punishment…