McElwain v. Commonwealth

Opinion op the Court by

Judge Ratlife

Affirming.

The appellant and Jesse Carneal, Hutch Carneal, Robert Carneal, and Jack Dalton were jointly indicted by the grand jury of Logan county, Kentucky, for the crime of assault with intent to rob. It is charged in the indictment that they assaulted Charley Epley and Mary Epley with the intent and purpose to rob them of money and property of value. The crime was committed on ■January 5, 1942, and about one week thereafter warrants were issued for appellant and the other four named in the indictment charging them with the offense, and a deputy sheriff…