Warman v. Commonwealth

Opinion of the Court by

Judge Clarke

Reversing.

Tbe defendant was convicted of robbery and Ms punisMnent was fixed at confinement in tfie penitentiary for *702three years. Numerous grounds are urged for reversal, but we shall -discuss only the one we consider of sufficient merit to warrant a reversal and that is that the court erred in overruling defendant’s motion for a peremptory instruction after all the evidence had been heard because there was no proof that the crime was committed in McCreary county.

It was shown simply that the robbery was committed at the home of Mrs. Jane Yanover, but no…