Johnson v. Commonwealth

MILLIKEN, Justice.

The defendant in this case was convicted of two counts of armed robbery and sentenced to ten years on each count, the sentences to run consecutively. In the indictment the Commonwealth charged that the defendant, Cholly B. Johnson, and three others held up an Eneo Service Station at 35th Street and Broadway, Louisville, on May 18, 1972 at approximately 1:00 PM.

Earl Wheeler, the manager of the service station, testified that he was sitting in his office at approximately 1:00 PM on the day of the robbery when a gun was placed to the back of his head. Then a fellow employee,…