Veach v. Commonwealth

STERNBERG, Justice.

This is an appeal from a judgment of the Whitley Circuit Court finding the appellant guilty of robbery in the first degree (KRS 515.020) and fixing his punishment at 20 years in the penitentiary.

Robert Byrd, his wife Fannie, and their two children, Bob, age 13 years, and Tim, age 10 years, resided at and operated the Dixie Drive-In Theater and concession stand in Williamsburg, Kentucky. On June 9, 1977, Robert was operating the concession stand and Fannie was selling tickets. The two children were in the office with her. Late in the night near closing time, at about 10:00…