Std. of Review: Directed Verdict (Criminal Case)

“On appellate review, the test of a directed verdict is, if under the evidence as a whole, it would be clearly unreasonable for a jury to find guilt, only then the defendant is entitled to a directed verdict of acquittal.” Commonwealth v. Benham, 816 S.W.2d 186, 187 (Ky. 1991) (citing Commonwealth v. Sawhill, 660 S.W.2d 3 (Ky. 1983)). In the instant case, both defendants denied possessing the drugs. Thus, the jury was left in a position where it had to judge the credibility of Bristol and Porter and the weight of the evidence against each of them. Based on the evidence, it would not have been unreasonable for the jury to find that Bristol or Porter, or both, possessed the drugs in question. Accordingly, the trial court properly overruled Bristol’s motion for a directed verdict.

1114. CRIMINAL PROCEDURE
BRISTOL (CLIFTON GERALD)
VS.
COMMONWEALTH OF KENTUCKY
OPINION AFFIRMING
LAMBERT (PRESIDING JUDGE)(SENIOR STATUS JUDGE)
TAYLOR (CONCURS) AND HENRY (CONCURS)
2009-CA-001096-MR
TO BE PUBLISHED
HARDIN

 

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