COM. v. SMITH

No. 98-SC-0732-DG.

5 S.W.3d 126 (1999)

COMMONWEALTH of Kentucky, Appellant, v. Billy Ray SMITH, Appellee.

Supreme Court of Kentucky.

November 18, 1999.


Attorney(s) appearing for the Case

A.B. Chandler III, Attorney General of Kentucky, Perry T. Ryan, Assistant Attorney General, Criminal Appellate Division, Office of the Attorney General, Frankfort, for Appellant.

Susan Jackson Balliet, Assistant Public Advocate, Frankfort, for Appellee.


LAMBERT, Chief Justice.

An essential element of first degree robbery is that the accused must be in the course of committing a theft. At trial, evidence was presented that Billy Ray Smith, Appellee herein, held a gun on the victim and threatened him while Smith's cohort searched the victim's pockets for cash. Was this evidence against Smith sufficient to show that Smith was in the course of committing a theft and thus sufficient to sustain a conviction of first degree...

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