Clayton v. State

Appellants, Clayton and Caruthers, negro men, aged 21 and 19 years, respectively, were convicted of the crime of rape, committed on the person of Vergie Terry, a white woman aged 19, on the night of December 21, 1934, near a cemetery in the suburbs of the city of Blytheville, Arkansas. They were sentenced to death in the electric chair. They were separately indicted, but tried jointly.

For a reversal of the judgment of conviction and sentence, a number of errors are assigned and argued, among which are the following:

1. That the court erred in refusing to quash the indictments against them on…