Graves v. Commonwealth

VANCE, Commissioner.

The appellant was convicted of the offense of armed assault with intent to rob and sentenced to confinement in the penitentiary for a term of ten years. We reverse the conviction solely because of the improper argument of the Commonwealth’s Attorney.

During the course of cross-examination the Commonwealth, without following the procedures suggested in Cotton v. Commonwealth, Ky., 454 S.W.2d 698 (1970), elicited from the appellant the fact that he had previously been convicted of a felony. The failure to follow the guidelines set forth in Cotton, supra, and Bell v.…