Witcher v. Commonwealth

BIRD, Chief Justice.

Carl Edward Witcher was charged with robbery and convicted. His punishment was fixed at confinement in the penitentiary for a period of five years. He appeals.

First he complains of the manner in which the verdict of the jury was formed. However, he made no complaint about this in his motion and grounds for new trial. Consequently, it will not be considered on appeal. Castle v. Commonwealth, Ky., 329 S.W.2d 562; Mercer v. Commonwealth, Ky., 332 S.W.2d 655.

There was some conflicting testimony as to whether the alleged criminal acts occurred in Allen County and thus the…