Martin v. Commonwealth

STEWART, Chief Justice.

Hassie Cane Martin, appellant herein, was jointly indicted with Willie Gaines Smith by the Fayette County grand jury for the wilful murder of Olin Alexander. They were tried separately. Both were convicted and received the death sentence. Reversal is urged on these grounds:(1) Appellant, a negro, was denied equal protection of the laws because only three negroes were called as jurors at the term of court at which he was tried;(2) The court erred in permitting C. Gibson Downing, an attorney of the Fay-ette bar, to assist the prosecution since he had previously…