Cargill v. Com.
| Decision Date | 17 October 1975 |
| Citation | 528 S.W.2d 735 |
| Parties | Gary CARGILL, Appellant, v. COMMONWEALTH of Kentucky, Appellee. |
| Court | United States State Supreme Court — District of Kentucky |
John Tim McCall, Louisville, for appellant.
Ed W. Hancock, Atty. Gen., James M. Ringo, Asst. Atty. Gen., Frankfort, for appellee.
Gary Cargill was found guilty of two counts of armed robbery; one count of robbery; and one count of obtaining a Schedule II controlled drug by fraud and deceit. A Jefferson Circuit Court jury fixed his punishment at confinement in the penitentiary for life on each count of armed robbery; ten years for the robbery; and five years for attempting to obtain a controlled substance by fraud and deceit. Cargill was sentenced in accordance with the jury's verdict. He appeals from each of the judgments of conviction.
Cargill presents two issues to be determined in this appeal. His first contention is that the trial court erred in overruling his motion for a severance. He contends that he should have been separate trials.
His next allegation of error is that the trial court should have directed a verdict on the controlled substance charge because there was no evidence that the drug desoxyn is a Schedule II substance as charged in the indictment.
This court now directs its attention to the first allegation of error. On April 3, 1974, a Jefferson County Grand Jury returned an indictment charging Cargill with two counts of armed robbery. The indictment alleged that Cargill robbed Doris Belke on November 2, 1973, and in so doing, used a deadly weapon. The indictment charged under Count 2 that on November 27, 1973, Cargill robbed Glenna Todd, and in doing so, used a deadly weapon.
On May 14, 1974, the Jefferson County Grand Jury indicted Cargill and alleged that on December 5, 1973, he used violence and force in robbing Mary Bunton of her purse which contained the sum of $26.00.
On September 18, 1974, the grand jury returned an indictment charging Cargill with attempting to obtain a controlled substance by fraud and deceit. The indictment alleged that on April 9, 1974, Cargill presented to a pharmacist a prescription for a Schedule II drug known as desoxyn. The prescription bore the forged signature of Dr. Truman Mays.
Following the selection of the jury, Cargill made a motion for a severance of the counts and requested the Commonwealth to elect which charge was to be tried first. This motion was overruled and the trial proceeded.
It is interesting to note that Cargill admitted the robbery of Mary Bunton. At the trial he also admitted that he forged a blank prescription form. When asked if he knew what the drug was, Cargill stated,
The witnesses for the Commonwealth consisted of the robbery victims, the pharmacist who took the forged prescription, the doctor whose name was forged on the prescription, and the arresting officers involved in the investigation of the robberies and the drug charge.
The evidence as to the guilt of Cargill was compelled. His weak defense was an...
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...Ky., 858 S.W.2d 185 (1993). Offenses of the "same or similar character" may be properly joined for trial. RCr 6.18; Cargill v. Commonwealth, Ky., 528 S.W.2d 735 (1975). "Offenses closely related in character, circumstances and time need not be severed." Sherley, supra, at 800; see also Card......
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Taylor v. Commonwealth
...case is significant. In the case cited by Taylor, the defendant was sentenced to the maximum allowable penalty. See Cargill v. Commonwealth, 528 S.W.2d 735, 737 (Ky. 1975). In fact, the Court specifically stated that "[p]rejudice may be inferred from the fact that Cargill received the maxim......
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...Joinder requires some nexus of temporal and qualitative characteristics of the crimes themselves. See, e.g., Cargill v. Commonwealth, 528 S.W.2d 735 (Ky. 1975) ("Under the rules the three robbery charges could been included in the same trial since they were similar in character and were clo......
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Jackson v. Com., No. 1999-SC-0605-MR.
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