Maise v. Commonwealth

WADDILL, Commissioner.

Appellant was convicted of armed assault with intent to rob and sentenced to 21 years’ confinement in prison. KRS 433.150.

For reversal of the conviction it is contended that the court did not instruct the jury upon the whole law of the case. In support of this ground it is argued that instruction number one is erroneous in that it failed to describe the assault as having been committed with an offensive weapon.

In Roberts v. Commonwealth, Ky., 339 S.W.2d 640, we pointed out that the crime denounced by KRS 433.150 may be committed either (1) by an assault with an offensive…