Commonwealth v. Burris

REED, Justice.

William Lee Burris was convicted by a jury of second-degree robbery. The penalty assessed was five years’ imprisonment. On September 26,1977, judgment and sentence were entered and on the same date Burris filed a motion for a new trial and also a motion for judgment notwithstanding the verdict. The trial judge denied the motion for a new trial, but granted the motion for judgment notwithstanding the verdict and entered the appropriate orders.

The Commonwealth appealed the action of the trial judge to the Court of Appeals. That court rejected the Commonwealth’s contention that the…