Johnson v. Commonwealth

CATINNA, Commissioner.

Paul Fields and James Johnson, along with Joseph Fields, Jr., were convicted by a jury in Butler Circuit Court of armed robbery and sentenced to twelve years in prison.

James Johnson alleges error in the denial of his motion for a separate trial. This court’s examination of a ruling upon a motion for a separate trial is based only upon the elements of foreseeable prejudice evident at the time of the motion.

In Bush v. Commonwealth, Ky., 457 S.W.2d 495, 497 (1970), we stated:

“ * * * The test of whether a trial court abuses its discretion in refusing a severance must be made…