Foster v. Commonwealth

CLAY, Commissioner.

In 1959 appellant was convicted of armed robbery. He appealed to this Court and the judgment was reversed on the ground the indictment did not sufficiently state that offense. Foster v. Commonwealth, Ky., 331 S.W.2d 277. Subsequently the Commonwealth quashed the original indictment, had the matter again referred to the grand jury, and a new and sufficient indictment was returned. Upon the new indictment appellant was tried, found guilty and sentenced to life imprisonment.

Appellant’s first ground for reversal is that the trial court should have sustained his plea of former…