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Criminal Procedure Keyed to Miller
Robert Taylor v. Commonwealth
Citation:
995 S.W.2d 355 (Ky. 1999)Facts
Robert Taylor (defendant), his girlfriend, and his girlfriend’s infant were leaving a festival when their vehicle stalled. Taylor went to a nearby house and asked for help. Herman McCreary drove his pickup truck and attempted to jump-start Taylor’s vehicle. After multiple failed attempts, Taylor pointed a rifle at McCreary and ordered him to lie on the ground. When McCreary complied, Taylor shot at the ground near McCreary’s head and hit him in the head with the rifle. Taylor then ordered McCreary to get into a ditch while he, his girlfriend, and the infant drove off in McCreary’s truck. Taylor was convicted of second-degree assault, first-degree robbery, and possession of a handgun by a minor.
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