BURGIN v. COMMONWEALTH


225 S.W.2d 293 (1949)

311 Ky. 728

BURGIN v. COMMONWEALTH.

Court of Appeals of Kentucky.

Rehearing Denied January 17, 1950.


Attorney(s) appearing for the Case

Joe E. Caylor, Somerset, for appellant.

A. E. Funk, Atty. Gen., Squire N. Williams, Jr., Asst. Atty. Gen., for appellee.


SIMS, Chief Justice.

In seeking to reverse a judgment sentencing him to confinement in the penitentiary for two years for the crime of robbery, V. K. (Bud) Burgin insists: 1. His motion for a directed verdict should have been sustained; 2. the court, in contravention of § 601 of the Civil Code of Practice, erroneously allowed a witness to testify who had remained in the court room all during the trial; 3. appellant was entitled to a new trial on the ground of...

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