Roberts v. Commonwealth

PALMORE, Judge.

The appellant, Glenn Roberts, was convicted and sentenced to 21 years’ imprisonment under an indictment charging him with armed assault with intent to rob (KRS 433.150). He contends on this appeal that the trial court erred in refusing to grant a continuance; that the evidence was insufficient to support the verdict and he was entitled to a directed verdict; that there was a fatal variance in the indictment, evidence and instructions; and that the instructions were erroneous.

The statute, KRS 433.150, makes a capital offender of any person who “with an offensive weapon or…