Tipton v. Commonwealth

CULLEN, Commissioner.

Appellants, who are confined in the. penitentiary under a judgment of the Clark ■ Circuit Court convicting them of armed robbery, filed motion in the Clark Circuit Court, under RCr 11.42 to , vacate the judgment on the ground that the offense of which they were convicted did not occur in Clark County. Their motion was overruled and they have appealed from the overruling order.

The substance of appellants’ claim for relief was that there was an insufficiency of proof of venue at their trial. In Sharp v. Waddill, Ky., 371 S.W.2d 14, we have held that insufficiency of proof…