Robards v. Commonwealth

PALMORE, Judge.

The appellant, Joseph F. Robards, was tried, convicted and sentenced to 10 years’ imprisonment pursuant to an indictment charging him with pointing a pistol or some other object intended by him to simulate a pistol at one Emmet E. Vanata with the intent to rob him, in violation of KRS 433.150. He asserts two grounds for reversal :

1. That the instructions were prejudi-cially erroneous in permitting a conviction if he committed the alleged assault in a manner different from that stated in the indictment; and

2. That he should have had a directed verdict of acquittal because the…