Chadwell v. Commonwealth

Opinion op the Court by

Morris, Commissioner

Reversing.

Appellant, Esco Pike, and Huston Sutton were charged with assault with an offensive weapon, with intent to commit robbery and robbing. KRS 433.150. On severance the Commonwealth elected to try appellant, the jury returning a verdict of guilty, fixing the penalty at imprisonment for twenty-one years.

Appellant contends that (1) the court erred in not granting a continuance; (2) in permitting introduction of incompetent evidence; (3) in failing to give all the law of the case; (4) in failing to advise the' jury of the effect of impeaching…