Lowe v. Commonwealth

PALMURE, Chief Justice.

The appellant, James Lowe, and Hank Baker, a minor, were jointly indicted, tried and convicted of storehouse breaking, KRS 433.190, and were sentenced to one year in the penitentiary. This opinion disposes of Lowe’s appeal. See also Baker v. Commonwealth, Ky., 500 S.W.2d 69 (1973), reversing on grounds not applicable to Lowe.

The conviction here under review resulted from a second trial. Following the first trial, in which a jury found both defendants guilty and fixed their punishment at one year’s imprisonment, the trial court on its own initiative set aside the verdict…