Morris v. Commonwealth

GANT, Justice.

On the evening of October 18, 1984, appellant Joseph Edward Morris, Tony Mallory and Jackie Gilbert formulated a plan to burglarize the home of Mr. and Mrs. George Pope in Harlan County, the Popes being 102 and 95 years of age. At the Pope home, on this occasion, in addition to the mother and father, were the three sons of the Popes — Howard Pope, who had gone upstairs to retire for the night; and John and George, Jr., who were in the living room watching television. Appellant Morris and Mallory were armed, and Gilbert carried with him a roll of duct tape to be utilized to bind…