Brown v. Commonwealth

WILLIAMS, Judge.

The appellant, John Brown, Jr., was tried in the Jefferson Circuit Court for the crime of armed robbery and the jury returned a verdict of guilty and a sentence of death. Brown prosecutes this appeal upon the sole ground that the prosecuting attorney made improper, inflammatory and prejudicial remarks in his closing argument to the jury.

On the afternoon of February 12, 1961, Brown entered Graf’s Produce Market, in Louisville, ordered some beer, and, upon being handed the beer, pointed a gun at the proprietor and said, “Let’s have it.” The *682proprietor withdrew $137 in small…