Commonwealth v. Benham

WINTERSHEIMER, Justice.

This appeal is from a decision of the Court of Appeals which had reversed a judgment of conviction because the circuit judge refused to grant a directed verdict of acquittal.

The issue is whether the Court of Appeals correctly applied the standard for review of a denial of a directed verdict as announced in Commonwealth v. Sawhill, Ky., 660 S.W.2d 3 (1983).

Benham was convicted of second-degree arson and sentenced to ten years. The Court of Appeals reversed the conviction because its examination of the record indicated that the prosecution produced only a mere scintilla…