Lincoln v. Commonwealth

William Nicholas Lincoln (Lincoln or defendant) was convicted by a jury of the armed robbery of J. B. Armistead. The jury’s verdict fixed his punishment at 10 years in the penitentiary. Lincoln appeals from a final order of the trial court sentencing him on this verdict.

We granted a writ of error limited to Lincoln’s claim that the trial court erred in:(1) permitting the Commonwealth’s Attorney, in his final argument, to comment on Lincoln’s failure to testify; and(2) refusing to grant Instruction I dealing with the credibility of convicted felons.

During the early morning hours of February 1,…