Burbridge v. Commonwealth

Court of Appeals of Kentucky

Burbridge v. Commonwealth

277 S.W.2d 19, 1955 Ky. LEXIS 453

DecidedMarch 25, 1955

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This text of 277 S.W.2d 19 (Burbridge v. Commonwealth) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Burbridge v. Commonwealth, 277 S.W.2d 19, 1955 Ky. LEXIS 453 (Ky. Ct. App. 1955).

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Opinion

CAMMACK, Justice.

The appellant, Richard Burbridge, was indicted jointly with Willard Alexander for the willful murder of Tommie McClus-key. Alexander was tried first and sentenced to 10 years in prison. Burbridge was sentenced to prison for five years. The appeals were considered together in this Court. The evidence in both cases is practically the same, so it will be unnecessary to review the evidence in this case. See Alexander v. Commonwealth, Ky., 277 S.W.2d 17, for a statement of the evidence.

Burbridge argues that he was entitled to a directed verdict. Since the evidence was insufficient to justify submitting Alexander’s case to the jury, it follows that it was insufficient to justify the submission of Burbridge’s case. For the reasons stated in Alexander v. Commonwealth, the judgment is reversed, with directions to set it aside, and for proceedings consistent with this opinion.

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CAMMACK, Justice.

The appellant, Richard Burbridge, was indicted jointly with Willard Alexander for the willful murder of Tommie McClus-key. Alexander was tried first and sentenced to 10 years in prison. Burbridge was sentenced to prison for five years. The appeals were considered together in this Court. The evidence in both cases is practically the same, so it will be unnecessary to review the evidence in this case. See Alexander v. Commonwealth, Ky., 277 S.W.2d 17, for a statement of the evidence.

Burbridge argues that he was entitled to a directed verdict. Since the evidence was insufficient to justify submitting Alexander’s case to the jury, it follows that it was insufficient to justify the submission of Burbridge’s case. For the reasons stated in Alexander v. Commonwealth, the judgment is reversed, with directions to set it aside, and for proceedings consistent with this opinion.

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277 S.W.2d 19, 1955 Ky. LEXIS 453, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burbridge-v-commonwealth-kyctapp-1955.

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