Montgomery v. Commonwealth

STANLEY, Commissioner.

To reverse a judgment of conviction of armed robbery with a penalty of life imprisonment, KRS 433.140, the appellant, James Hilman Montgomery, contends the evidence proved him to be guilty only of grand larceny.

Mrs. Bonnie L. Trimble, who was in charge of a grill and restaurant owned by James H. Arnold, testified that about three o’clock in the morning of November 19, 1959, the appellant, Montgomery, and another young man, John Louis Busby, came to the restaurant. They drank coca-colas and acted so as to arouse her suspicion of an evil purpose. Busby spent about a half…