Berger v. Commonwealth

We consider in this criminal appeal a procedural issue and a question of evidence.

Upon indictments for malicious wounding and robbery, defendant Carl Michael Berger was found guilty by a jury and sentenced to a total of 40 years in the penitentiary. A writ of error was awarded on limited grounds to the judgments of conviction entered September 10,1975.

On Saturday, May 24,1975, about 11:25 p.m., D. G. Young, the owner of a grocery store in Franklin County, was robbed of approximately $8,800.00 and brutally beaten in the store parking lot after he closed his place of business. About three weeks…