Head v. Commonwealth

MONTGOMERY, Judge.

Oscar Head, Elmer Alsip, Raymond Eaton, Charles Jones, and Carl Jones were jointly indicted for armed assault with intent to rob. KRS 433.150. Head and Al-sip were convicted on separate trials and each received a sentence of twenty-one years’ confinement. Each has prosecuted an appeal. See Alsip v. Commonwealth, Ky., 310 S.W.2d 283.

The decisive question is whether Mary Sylvia Inman was an accomplice under Criminal Code of Practice Section 241. The question was presented by a motion for a directed verdict of not guilty and by submission to the jury under an instruction. The…