Wise v. Commonwealth

HOWERTON, Judge.

This appeal is taken from convictions for assault in the second degree and complicity in assault in the second degree. Appellant received the minimum sentence of five years on each count.

The incident occurred in Jim’s Tavern in Louisville, Kentucky, on December 18,1976. The facts resemble a shoot out from the wild west. The evidence came primarily from out-of-court statements given to police shortly after the occasion by two 19-year-old girls. At trial, the witnesses had a lapse of memory, and the issue in this case is whether or not the statements may be considered as…