HOLLAND v. COMMONWEALTH


323 S.W.2d 411 (1959)

John HOLLAND, Elvin Lewis, Tim Lewis and Everett Miller, Appellants, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied May 15, 1959.


Attorney(s) appearing for the Case

J. C. Helton, Julian H. Golden, Pineville, John Y. Brown, Lexington, for appellants.

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


CULLEN, Commissioner.

John Holland, Elvin Lewis, Tim Lewis and Everett Miller are appealing from a judgment sentencing each of them to life imprisonment in accordance with a verdict finding them guilty of the murder of Roy Gambrel. As grounds for reversal they assert that the evidence was not sufficient to sustain a conviction, and that the court erred in not giving accomplice instructions.

Around 11:00 p. m. on June 8, 1958, Gambrel and his wife returned...

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