RUE v. COMMONWEALTH


347 S.W.2d 74 (1961)

Garnett RUE, Jr., Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

June 2, 1961.


Attorney(s) appearing for the Case

Thomas Underwood, Jr., Lexington, for appellant.

John B. Breckinridge, Atty. Gen., Martin Glazer, Asst. Atty. Gen., for appellee.


MILLIKEN, Judge.

This appeal turns on whether an instruction should have been given covering the testimony of an accomplice.

Garnett Rue, the appellant, was convicted of "being an accessory before the fact of unlawfully, maliciously and feloniously aiding, assisting and abetting Marshall Miller with an offensive weapon, a pistol, of assaulting Cecil Moberly with the felonious intent to rob him" (KRS 433.150, 431.160) on May 4, 1959, in Lexington, and was sentenced...

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