185 S.W.2d 415 | Ky. Ct. App. | 1945
Affirming.
The appellants, together with Ernest McKenzie and two other men, were jointly indicted for Grand Larceny. McKenzie pleaded guilty, the appellants were convicted and sentenced to two years in the penitentiary, and the cases of the other two defendants were continued.
Although they made confessions, both oral and written, of their guilt, and did not take the stand to deny it, appellants insist that they were entitled to directed verdicts of acquittal because their confessions were obtained in violation of KRS
These contentions may be summarily disposed of as follows: (1) There was no proof whatever that KRS
In view of the confessions, the testimony of McKenzie alone would have been sufficient to support the conviction, as would also the confessions without the testimony of McKenzie. Together, they so overwhelmingly establish appellants' guilt as to render wholly specious the argument of their counsel that they were entitled to directed verdicts and that the evidence was not sufficient to warrant their conviction.
Judgment affirmed.