COM. v. YEAGER


599 S.W.2d 458 (1980)

COMMONWEALTH of Kentucky, Movant, v. Russell Franklin YEAGER, Jr., Respondent.

Supreme Court of Kentucky.

Rehearing Denied June 24, 1980.


Attorney(s) appearing for the Case

Robert F. Stephens, Atty. Gen., Joseph R. Johnson, Asst. Atty. Gen., Frankfort, for movant.

G. Stephen Manning, Maysville, for respondent.


AKER, Justice.

The respondent, Russell Franklin Yeager, Jr., was convicted on two counts of robbery in the first degree. The Court of Appeals reversed because the trial court did not give an instruction on robbery in the second degree. We disagree.

The case arose when Yeager and an accomplice, Charles Riley, agreed to rob a grocery store and a restaurant. The two men decided that Yeager would drive the getaway car and Riley would commit the robbery. Yeager...

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