West v. Commonwealth

LAMBERT, Justice.

Upon a jury verdict, appellant was convicted of murder and sentenced to a maximum term of twenty-two years imprisonment. The primary issue before this Court is whether we must reverse appellant’s conviction for “palpable error which affects the substantial rights of a party....” RCr 10.26. Appellant also claims entitlement to a directed verdict.

Upon examination of the record, it is clear that during summation the Commonwealth Attorney engaged in improper argu*601ment. It is equally clear, however, that appellant’s objections to such misconduct were sustained, and upon request,…