Armstrong v. Commonwealth

Opinion of the Court by

Judge Settle

Affirming.

The appellant, James Armstrong, was tried and convicted in the Fayette circuit court under an indictment charging him with the crime of robbery, the punishment inflicted by the verdict of the jury and judgment of the *219court being imprisonment of ten years in the penitentiary.

This court is asked to reverse the judgment appealed from on the following grounds assigned as error: (1) The admission by the trial court of incompetent evidence. (2) Eefusal to peremptorily instruct the jury to return a verdict of not guilty. (3) Failure to properly instruct…