Strode v. Commonwealth

Opinion of the Court by

Morris, Commissioner

Affirming.

Appellant was charged by indictment with having assaulted and robbed one Horace Jenkins, and in using in commission of the offense a knife, an offensive weapon, a crime denounced by section 433.150, KRS, which fixes the penalty at imprisonment for twenty-one years or death. Appellant was found guilty and his punishment fixed at twenty-one years imprisonment. On appeal it is contended in briefs in behalf of appellant that the court committed prejudicial errors: (1) In overruling demurrer to the indictment; (2) admitting incompetent evidence;…