Cane v. Commonwealth

PARK, Judge.

Henry Thomas Cane appeals from a judgment of conviction entered by the Franklin Circuit Court following his jury trial on the charge of first degree robbery. A brief summary of the evidence is necessary for an understanding of the grounds for reversal raised by Cane on this appeal.

On December 19, 1975, three black persons robbed the Brown’s Clothing Store in downtown Frankfort. During the course of the robbery, two female store employees and a female customer were threatened with a knife. Money and a substantial quantity of clothing were taken from the store during the course of…