Lunce v. Commonwealth

Opinion op the Court by

Judge Dietzman

Reversing.

The appellant was convicted of the offense of robbery and sentenced to serve two years in the penitentiary. He appeals.

He insists that the demurrer to the indictment should have been sustained, that he was entitled to a peremptory instruction, and that the instructions given were erroneous. The facts are these: Albert Clark borrowed a pistol belonging to -Sol Simpson and worth $28. Clark in turn loaned this pistol to John Slusher. Slusher and the appellant met near the railroad and just above the hotel at Black Mont in Bell county. They seem to…