Webb v. Commonwealth

Opinion of the Court by

Judge McCandless

Reversing.

On an indictment drawn under section 1154, Ky. Statutes, charging Mm with the rape of a female over 16 years of age, the appellant, Andrew Webb, was tried in the Warren circuit court, found guilty, and sentenced to 10 years in the state penitentiary. On this appeal it is urged that the court erred in excusing two jurors. It appears that the panel of twelve jurors was accepted by the commonwealth, and passed to the defendant, who exercised seven peremptory challenges, leaving five jurors accepted by both parties, when two of the five who were…