Durham v. Commonwealth

DAVIS, Commissioner.

Benny Durham seeks to overturn his conviction of store-house breaking and consequent sentence of imprisonment for one year. KRS 433.190. Appellant Durham asserts that (1) he was entitled to a peremptory instruction of acquittal since the only evidence against him was uncorroborated evidence from accomplices, or (2) in any event, the trial court should have submitted to the jury whether certain prosecution witnesses were accomplices.

Appellant was jointly indicted with Ray Howell for breaking into the country store of Elmer Bullock at Eubank, with intent to steal therefrom.…