Kirkland v. Commonwealth

Respectfully, I must dissent from Section III of the Court’s opinion. The majority states that a robbery was accomplished solely by “McKee and Kirkland entering] the store with a gun in order to steal money from the victim,” and, as such, holds that the trial court was correct in refusing a criminal attempt instruction with respect to McKee. Since a robbery was committed, says the majority, there is no evidence of attempt. I believe this logic is flawed, and the trial court should have allowed an instruction for McKee. As we stated in Taylor v. Commonwealth, Ky., 995 S.W.2d 355 (1999):

In a…