Commonwealth v. Varney

LEIBSON, Justice.

The respondent was convicted of assault in the second degree. The Court of Appeals concluded that he was tried in violation of double jeopardy principles and reversed his conviction with directions to dismiss the charge. We disagree.

Respondent, Timmy Yaun Varney, was the subject of a two count indictment: Count I charging first-degree assault (KRS 508.010) and Count II charging first-degree robbery (KRS 515.020). These charges were the result of an incident occurring August 22, 1980, at the home of John Anderson, in Pike County, Kentucky. Varney and Anderson knew each other.…