Rose v. Commonwealth

DAVIS, Commissioner.

Geneva Rose was convicted of aiding and abetting her son and co-defendant, Lawrence Rose, in the slaying of John Rose, husband of Geneva and father of Lawrence. Geneva and Lawrence each received sentences imposing imprisonment for ten years. KRS 435.020. The present appeal is prosecuted by Geneva; Lawrence Rose has not appealed.

Several grounds for reversal are presented, but our view of the case requires consideration of only one: Did the trial court err in failing to direct a verdict of acquittal? We hold that it did.

On April 3, 1964, Lawrence Rose shot and killed his…