Basham v. Commonwealth

JUDGE BENNETT

delivered the opinion of the court.

The appellant having been convicted in the Breckinridge Circuit Court of the crime of rape, committed on his niece, a girl of sixteen years of age, and the court having overruled Ms motion for a new trial, lie has appealed to this court.

The girl swore positively that the appellant raped lier. The appellant swore that he did not touch her.

The Commonwealth’s attorney was permitted, over the objection of the appellant, to prove by the jailer of Breckinridge county, that shortly after the appellant was pnt in jail by the order of the examining…