Rue v. Commonwealth

■MILLIKEN, Judge.

This appeal turns on whether an instruction should'have‘been given covering the testimony, of afi accomplice.

Garnett Rue, the appellant, was convicted of “being an accessory before the fact of unlawfully, maliciously and feloniously aiding, assisting and abetting Marshall Miller with an offensive weapon, a pistol, of assaulting Cecil Moberly with the felonious intent to rob him” (KRS 433.150, 431.160) on May 4, 1959, in Lexington, and was sentenced to twenty-one years in the penitentiary.

The conviction was obtained through the testimony of Moberly who identified Rite as the…