Whitis v. Commonwealth

Opinion op the Court by

Judge Perry

— Affirming.

The appellants, Earl Whitis and Mrs. Cora Colyer, were with Jim Ping, Elwyn Jackson, and Louisa. Price, jointly indicted by the grand jury of Laurel county for the crime of robbery “by the use and display of offensive deadly weapons, to-wit, pistols.”

Chapter 52, Acts of 1934, now section 1159a, Baldwin’s 1936 Revision of Carroll’s Kentucky Statutes, provides that:

“If any person shall commit acts of robbery, * * * as defined in Sections 1159 or 1159a, * * * and in ■committing said act or acts shall use or display any pistol, gun or other firearms…