PRESTON v. COMMONWEALTH


406 S.W.2d 398 (1966)

Britton PRESTON and Melvin Caldwell, Appellants, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

As Modified on Denial of Rehearing October 7, 1966.


Attorney(s) appearing for the Case

Joe P. Tackett, Prestonsburg, for appellants.

Robert Matthews, Atty. Gen., Robert D. Preston, Asst. Atty. Gen., for appellee.


PALMORE, Judge.

Britton Preston and Melvin Caldwell were jointly indicted, tried and convicted of armed robbery and sentenced to life imprisonment. KRS 433.140. They appeal.

According to the evidence presented in support of the indictment, one George B. Blanton and two friends, William C. Powers and Smith Kelly, Jr., were drinking beer in the kitchen of Blanton's home in the Green Rock neighborhood of Johnson County, Kentucky, during the late hours of Saturday...

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