Sexton v. Commonwealth

Opinion of the Court by

Morris, Commissioner

Affirming.

Appellant was indicted with. McCoy Combs and two girl companions for the murder of Robert McIntyre. Combs was tried first following Ms motion for severance at the September, 1941, term of the Perry circuit court, October 3rd; the jury finding him guilty inflicted the ■death penalty. Later at the same term appellant was -called to trial, the jury failing to agree upon a verdict. On December 15, he was again tried, the jury returning a verdict of guilty inflicted the death penalty. The court •overruled motion for a new trial, and on appeal…