Kentucky Supreme Court
Cedric McNeil v. Commonwealth of Kentucky
August 20, 20152015 Ky. LEXIS 1764
Summary
The court affirmed McNeil’s convictions and consecutive sentences for first-degree robbery and first-degree assault. It held that the assault instruction’s omission of an express dangerous-instrument finding was harmless beyond a reasonable doubt, and that an unpreserved erroneous robbery theory did not cause manifest injustice. The court also held that robbery and assault were distinct offenses for double-jeopardy purposes and that any hearsay error involving a phone-company record was harmless.