Marcum v. Commonwealth

STEINFELD, Judge.

Appellant, James Willard Marcum, was found guilty of having robbed Orville “Buster” Young with the use of a deadly weapon in violation of KRS 433.140. He was sentenced to serve ten years in the penitentiary. From that judgment he appeals, attacking it on the basis that the instructions were not according to law, the verdict was not supported by sufficient evidence and the Commonwealth Attorney made an improper closing argument.

We dispose of the latter complaint by pointing out that the closing argument is not a part of the transcript and no narrative statement permitted by CR…