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MITCHELL v. COMMONWEALTH

280 S.W.2d 189 (1955)

Thomas W. MITCHELL and James Powell Mitchell, Appellants, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

June 3, 1955.

Attorney(s) appearing for the Case

S. Rush Nicholson, Louisville, for appellant.

J. D. Buckman, Jr., Atty. Gen., Zeb A. Stewart, Asst. Atty. Gen., for appellee.

WADDILL, Commissioner.

The appellants, Thomas W. Mitchell and his brother, James P. Mitchell, were jointly indicted for the armed robbery of the Modern Loan Company. Upon their trial both were convicted and sentenced to life imprisonment. KRS 433.140. James P. Mitchell now insists the court erred in overruling his motion for a directed verdict of acquittal, and both appellants are urging a reversal of the judgment on the following grounds: (1) Failure of the court...

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