Scamahorne v. Commonwealth

HILL, Judge.

Appellants were convicted of having burglary tools in possession under KRS 433.-120(2) and their punishment fixed at confinement for two years in the State Penitentiary. Appellants contend their constitutional rights have been violated because they were deprived assistance of counsel; the instructions should have defined “possession;” and evidence of possible uses of tools and types of crimes which could be committed with tools was inflammatory and prejudicial.

We shall discuss these grounds assigned for reversal in the order listed above.

First, we briefly review the facts. On…