Barker v. Commonwealth

Ralph Barker and Herbert Garrett were charged in separate indictments with raping Eva Geneva Hayes, a young woman 18 years of age. They elected to be tried together. The jury in the first trial were unable to agree. On the second trial each defendant was found guilty and sentenced to five years confinement in the penitentiary. To review the judgments entered on the verdicts the two defendants obtained this appeal.

Defendants’ first assignment of error, namely, that the “court erred in drawing, selecting and empanelling of the jury”, is not well taken because no specific objection was made…