Delay v. Commonwealth

LESTER, Judge.

This appeal arises out of appellant’s indictments for burglary in the third degree and theft by unlawful taking of a value in excess of one hundred dollars which resulted in convictions and a two year sentence.

Six assignments of error are argued by the defendant below, some of which can be disposed of summarily.

Subsequent to the selection of the jury but prior to their being sworn, the trial judge recessed the proceedings without rendering the usual admonition required by RCr 9.70 but there is no suggestion or showing of prejudice to appellant so this technical omission was…