Gadd v. Commonwealth

Opinion of the Court by

Morris, Commissioner

Reversing.

Convicted on a charge of robbery by force, appellant’s punishment was fixed at two years in the Reformatory. On appeal here he contends that he was prejudiced by (1) Admission of incompetent testimony; (2) failure of the court to present by instruction his defensive theory, and that under all the proof he was entitled to a favorable directed verdict.

Brockman, a Berea policeman, said that about 2:30 a. m., May 6, 1948, he was sitting in his car near a filling station, when appellant drove up near him, stopped and began loud talking, and…