Bennett v. Commonwealth

Opinion of the Court by

Judge Clay —

-Reversing.

For the third time Robert Lee Bennett appeals from a death sentence for murder. The judgment on the first trial was reversed on the ground that the voluntary nature of appellant’s confession was a question for the jury. Bennett v. -Commonwealth, 226 Ky. 529, 11 S. W. (2d) 437. On the second trial the judgment was reversed because of the admission of incompetent evidence. Bennett v. Commonwealth, 234 Ky. 333, 28 S. W. (2d) 24.

In view' of onr former opinions it will not be necessary to set out the evidence. We shall therefore proceed to discuss a…