Mason v. Commonwealth

WADDILL, Commissioner.

Appellant was convicted of armed robbery and his punishment fixed at life imprisonment. (KRS 433.140). On this appeal he contends that the trial court erred in failing to submit to the jury whether a pocket knife is a deadly weapon within the meaning of the above statute which reads as follows:

“Any person who commits robbery or burglary or any act penalized by KRS 433.130, and in committing the act uses or displays any pistol, gun or other firearm or deadly weapon shall be punished by confinement in the penitentiary for life, or by death.”

Since the only weapon displayed…