Tipton v. Commonwealth

OPINION OF THE COURT

Johnny Tipton was convicted of robbery in the first degree and of being a persistent felony offender in the first degree and was sentenced to thirty years.

Tipton and a cohort, Elvis Hodge, decided one afternoon to rob Carpenter’s Grocery. Tipton had gone to the store earlier in the day, purchased a soft drink, and returned to tell Hodge that the grocery would be easy to rob, Mrs. Carpenter being the only person in attendance.

After having secured a pair of ski masks, a rifle and a shotgun, Tipton and Hodge returned to the store. While Tipton waited at the car, Hodge entered…