Eversole v. Commonwealth

JONES, Justice.

Jimmy Wayne Eversole, Mellie Holcomb and Odell Farley were charged by the Grand Jury with the murder of Green Gibson. KRS 507.020(l)(a). In a previous trial, the jury was unable to reach a verdict. Farley was granted a severance. In a subsequent trial which gives rise to this appeal, the jury found Eversole guilty of murder and fixed his punishment at 20 years and 1 day in the state penitentiary. Mellie Holcomb was acquitted. The trial court sentenced Eversole in conformity with the jury’s verdict. Eversole prosecutes this appeal. He contends: (1) the trial court should have…