Smith v. Commonwealth

LESTER, Judge.

Rodney Smith appeals his judgment of conviction for first-degree robbery which imposed a sentence of ten years imprisonment.

Appellant purchased an automobile tire from an operator of a service station, one Elroy Griffin, in McKinney, Kentucky, for the purchase price of $43.95. Some three months later, while traveling through Georgia, the tire blew out and appellant’s girlfriend, Virginia Popperwell, the driver at the time, pulled to the side of the road. Upon returning to McKinney, Smith took the faulty tire, still mounted on the rim, to Griffin in hopes of receiving an…