Solomon v. Commonwealth

Opinion of the Court by

Morris, Commissioner

Affirming.

Indictment was returned by the grand jury of Mc-Cracken County on January 12, 1938, charging that on said date appellant had committed a robbery by holding up and robbing one Elva Pace, the act being accomplished by the use of a deadly weapon. Kentucky Statutes, Sections 1159, 1159a.

He was brought to tria± on January 19, 1938, and a jury returned a verdict of guilty, fixing -punishment at life imprisonment. Motion for a new trial was sustained for reasons hereinafter shown.

On April 28, 1938, a second trial was had with the same result.…