Johnson v. Commonwealth

STERNBERG, Justice.

The appellant, Roy Thomas Johnson, was indicted by the Fayette County Grand Jury on September 10, 1979, for the offenses of burglary in the first degree, robbery in the first degree, and for being a persistent felony offender in the first degree, all of which *361grew out of an attempted robbery of the Blue Grass Shade Company, of Lexington, Kentucky, on August 7,1979. Prior to trial the Commonwealth’s Attorney made a motion to dismiss the burglary charge, which was granted. Trial on the remaining charges was held on October 24, 1979. The jury returned a verdict finding…