Hallmark v. Commonwealth

NEIKIRK, Judge.

Appellant Johnny Hallmark, Levan Earl Dunn, and Winston Strong were indicted for the armed robbery of a liquor store. Dunn entered a plea of guilty to an amended charge of robbery, and received a sentence of five years. He did not testify in this case. Strong testified for the Commonwealth at the trial of Hallmark. The indictment against Strong was dismissed on motion of the Commonwealth the day after Hallmark’s trial and conviction. Hallmark received a ten-year sentence.

Hallmark contends that as a matter of law Strong was an accomplice and there was insufficient corroborative…