COMMONWEALTH v. BURRIS


590 S.W.2d 878 (1979)

COMMONWEALTH of Kentucky, Movant, v. William Lee BURRIS, Respondent. William Lee BURRIS, Movant, v. COMMONWEALTH of Kentucky, Respondent.

Supreme Court of Kentucky.

November 26, 1979.


Attorney(s) appearing for the Case

Jack Emory Farley, Public Advocate, M. Gail Robinson, Asst. Public Advocate, Frankfort, for respondent Burris, in No. 79-SC-110-D and for movant Burris in No. 79-SC-105-DG.

Robert F. Stephens, Atty. Gen., Martin Glazer, Asst. Atty. Gen., Frankfort, for movant Commonwealth of Kentucky, in No. 79-SC-105-DG and for respondent Com. of Kentucky in No. 79-SC-110-D.


REED, Justice.

William Lee Burris was convicted by a jury of second-degree robbery. The penalty assessed was five years' imprisonment. On September 26, 1977, judgment and sentence were entered and on the same date Burris filed a motion for a new trial and also a motion for judgment notwithstanding the verdict. The trial judge denied the motion for a new trial, but granted the motion for judgment notwithstanding the verdict and entered the appropriate orders.

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