EGAN v. COMMONWEALTH


438 S.W.2d 333 (1969)

Johnnie Wayne EGAN and William D. Brown, Jr., Appellants, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

February 28, 1969.


Attorney(s) appearing for the Case

James A. Nolan, Ware, Bryson, Nolan & West, Covington, for appellants.

John B. Breckinridge, Atty. Gen., David E. Murrell, Asst. Atty. Gen., Frankfort, for appellee.


EDWARD P. HILL, Judge.

This is an appeal from a judgment convicting appellants of the crime of robbery without the use of a deadly weapon (KRS 433.120), under which they were each meted five years in prison.

A reversal is sought on the grounds that the trial court erred (1) in refusing to give an instruction on assault and battery, and (2) in admitting incompetent evidence (a ring). Appellants say also their conviction was "based, at least in part, on unlawfully...

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