Nease v. Commonwealth

Opinion op the Court by

Morris, Commissioner

Affirming.

On April 2, 1947, a grand jury returned an indictment charging appellant and two others (McPeak and Workman) with the offenses denounced by KRS 433.140, robbery by the use of a deadly weapon. When the case was called for trial appellant moved for severance and the Commonwealth elected to try him; the jury returned a death verdict.

In motion for new trial appellant set up only two grounds: (1) Because the court erred to his prejudice in admitting incompetent evidence against him and rejecting competent evidence offered on his behalf; (2)…