LAMBERT v. COM.

No. 91-CA-0507-MR.

835 S.W.2d 299 (1992)

Eli K. LAMBERT, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

August 14, 1992.


Attorney(s) appearing for the Case

Thomas L. Conn, Lexington, for appellant.

Chris Gorman, Atty. Gen., Joseph R. Johnson, Asst. Atty. Gen., Frankfort, for appellee.

Before LESTER, C.J., and HAYES and JOHNSON, JJ.


JOHNSON, Judge.

This is an appeal of a criminal conviction in Fayette Circuit Court for robbery in the first degree in violation of Kentucky Revised Statutes (KRS) 515.020. Appellant received a sentence of ten years in the state penitentiary. Appellant claims that he was denied due process of law when the trial court erred as follows: (1) the jury instructions violated the province of the jury by making a finding of fact that a "gun" had been used in the robbery;...

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