Hubbard v. Commonwealth

I am of the opinion this case should have been decided and affirmed in accordance with RCr 9.24 and 9.26. The interpretation of these rules in Abernathy v. Commonwealth, Ky., 439 S.W.2d 949, 952 (1969), in my view should be controlling here. “What it really boils down to is that if upon a consideration of the whole case this court does not believe there is a substantial possibility that the result would have been any different, the irregularity will be held nonprejudicial.”

With the factual situation here, in my opinion there is almost a certainty that this jury or any jury would convict even…