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SAYLOR v. CORNELIUS

No. 87-5327.

845 F.2d 1401 (1988)

Lloyd Virgil SAYLOR, Petitioner-Appellant, v. Clarence CORNELIUS, Judge, Harlan County Circuit Court; the Commonwealth of Kentucky; and the Attorney General of Kentucky, Respondents-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided May 9, 1988.

Attorney(s) appearing for the Case

C. McGehee Isaacs, Asst. Public Advocate, Dept. of Public Advocacy, Mark A. Posansky (argued), Frankfort, Ky., for petitioner-appellant.

David Armstrong, Atty. Gen. of Ky., Robert W. Hensley (argued), Frankfort, Ky., for respondents-appellees.

Before NELSON and BOGGS, Circuit Judges; and ALLEN, Senior District Judge.

BOGGS, Circuit Judge.

Lloyd Virgil Saylor was indicted on one count of murder. The indictment encompassed murder as a principal and as an accomplice, and murder by conspiracy. At his trial under this indictment, considerable evidence was introduced supporting his liability as an accomplice of the actual murderer. No evidence, however, was introduced to show that he participated in any conspiracy to commit the murder.

Despite the lack of evidence of a conspiracy...

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