Lambert v. Commonwealth

JOHNSON, Judge.

This is an appeal of a criminal conviction in Fayette Circuit Court for robbery in the first degree in violation of Kentucky Revised Statutes (KRS) 515.020. Appellant received a sentence of ten years in the state penitentiary. Appellant claims that he was denied due process of law when the trial court erred as follows: (1) the jury instructions violated the province of the jury by making a finding of fact that a “gun” had been used in the robbery; (2) the trial court should have directed a verdict of acquittal due to the insufficiency of the evidence; and (3) the introduction…