Phelps v. Commonwealth

STEINFELD, Judge.

This is an appeal by Charles Phelps from a judgment entered pursuant to a jury verdict finding him guilty of armed robbery (KRS 433.140) and sentencing him to ten *87years’ imprisonment. Appellant asserts that his due process right to trial by an impartial jury was violated and he cites many cases which stand for the proposition that a defendant is entitled to a hearing before a completely impartial jury. For the reasons hereinafter stated it is unnecessary for us to analyze or even cite those cases. We affirm.

Sam Burnam was assaulted and robbed. He testified that his assailant…