FOSTER v. COMMONWEALTH


331 S.W.2d 277 (1960)

Willard J. FOSTER, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

January 22, 1960.


Attorney(s) appearing for the Case

S. M. Ward, Vernon Faulkner, Hazard, for appellant.

Jo M. Ferguson, Atty. Gen., William F. Simpson, Asst. Atty. Gen., for appellee.


PALMORE, Judge.

Willard J. Foster was convicted of armed robbery and sentenced to life imprisonment. The principal ground on which he appeals is that the indictment does not sufficiently describe the offense defined by KRS 433.140. He takes the position that the trial court erred in instructing the jury on armed robbery because the indictment states the offense of simple robbery only.

The indictment reads as follows:

"The Grand Jury of Perry County...

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