Abernathy v. Commonwealth

PALMORE, Judge.

George William Abernathy, David Lee Hodges, Frank Thomas Hollins and Julius Robinson were jointly indicted on two counts of armed robbery. KRS 433.140. Abernathy was found guilty on both counts and sentenced to 10 years on each, the terms to run consecutively. Hodges and Robinson were found guilty and sentenced to 10 years on one count. Abernathy and Hodges appeal.

We shall outline the facts the jury was authorized to believe from the Commonwealth’s evidence.

Shortly before 9:00 P.M. on October 24, 1967, the four young men named above entered Miller’s Pharmacy at 3234 West…