Johnson v. Commonwealth

HILL, Judge.

Appellant was tried jointly with his code-fendants, Hamilton and Shelby, for storehouse breaking of which they were all convicted and given four-year sentences. No motion was made for a separate trial under RCr 9.16. Appellant did not testify.

A number of “points” are argued' by appellant. The first is that the trial court erred in overruling his motion for acquittal at the conclusion of the evidence for the Commonwealth.

We begin with the evidence for the Commonwealth in chief. There was evidence damaging to appellant by Hamilton (a codefendant) given after the Commonwealth closed…