SMITH v. COM.


599 S.W.2d 900 (1980)

Johnny Marshall SMITH, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

April 22, 1980.


Attorney(s) appearing for the Case

Jack E. Farley, Public Advocate, Donna Boyce Proctor, Timothy T. Riddell, Sara L. Collins, Asst. Public Advocates, Frankfort, for appellant.

Robert F. Stephens, Atty. Gen., Reid C. James, Asst. Atty. Gen., Frankfort, for appellee.


STERNBERG, Justice.

On July 1, 1978, Ronnie Jarvis was killed by three blasts from a .20-gauge shotgun. The shooting took place on a little-used strip mine road, about four miles west of Greenville, Kentucky. On August 16, 1978, the appellant was indicted for having "committed capital murder by shooting and killing Ronnie Jarvis with a shotgun for profit or for hire and during the course of robbing said Ronnie Jarvis." Ricky Simms likewise was indicted for the same...

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