Ky. Rev. Stat. » Chapter 433
Kentucky Revised Statutes

Ky. Rev. Stat. § 433.120 (2026)

Repealed, effective January 1, 1975

✓ current as of May 2026
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Catchline at repeal: Robbery -- Burglary -- Possession of burglarious tools. History: Repealed 1974 Ky. Acts ch. 406, sec. 336, effective January 1, 1975. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1159.

Notes of Decisions
Cited in 41 cases (1 in the last 5 years), 1946–2025 · leading case: Roberts v. Commonwealth, 350 S.W.2d 626 (Ky. Ct. App. 1961).
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Roberts v. Commonwealth, 350 S.W.2d 626 (Ky. Ct. App. 1961). · cites it 3× “Upon his trial in January, 1961, he was found guilty of ordinary robbery under KRS 433.120 and received a sentence of five years in the penitentiary.”
Rayburn v. Commonwealth, 476 S.W.2d 187 (Ky. Ct. App. 1972). · cites it 2× “Under a separate indictment appellant was convicted and received a sentence of eight years for burglary, a crime denounced by KRS 433.120(1). The two charges grew out of the same set of facts and were consolidated for trial.”
Merritt v. Commonwealth, 386 S.W.2d 727 (Ky. Ct. App. 1965). “It is possible, of course, that it was a toy or simulated weapon rather than a deadly weapon in fact, and for that reason it is submitted that the court should have given an instruction on simple robbery, KRS 433.120, as part of the whole law of the case.”
Adams v. Commonwealth, 264 S.W.2d 283 (Ky. Ct. App. 1954). · cites it 2× “The argument that appellant was entitled to an instruction covering the offense of ordinary robbery under KRS 433.120 is also without merit. The indictment charged the offense of assault with intent to rob and the uncontradicted testimony was sufficient to warrant an instruction…”
Strong v. Commonwealth, 507 S.W.2d 691 (Ky. Ct. App. 1974). · cites it 2× “- *693 190) and robbery (KRS 433.120). On July 27, 1970, he had been convicted in the same court of a subsequently committed robbery.”
Curtsinger v. Commonwealth, 549 S.W.2d 515 (Ky. 1977). “KRS 433.120(2). Rendition of judgment was, however, withheld pursuant to KRS 439.”
Allen Benton v. United States, 232 F.2d 341 (D.C. Cir. 1956). “); Ky.Rev. Stat. § 433.120 (1953); Mass.Ann.”
Travis v. Commonwealth, 457 S.W.2d 481 (Ky. Ct. App. 1970). “On their appeals to this court Davis and Travis contend that the trial court erred to their prejudice in (1) declining to rule as a matter of law on the competence of one William Combs as a witness, (2) permitting members of the jury to take into the jury room notes they had…”
Lynch v. Commonwealth, 472 S.W.2d 263 (Ky. Ct. App. 1971). “190) in 1960, and both storehouse breaking and possession of burglary tools (KRS 433.120) in 1958. At about 11:00 A.M.”
Montgomery v. Commonwealth, 346 S.W.2d 479 (Ky. Ct. App. 1961). “KRS 433.120, 433.220, 433.230. The maximum penalty for robbery is ten years’ imprisonment, but if the crime is committed by the use or display of a firearm or a “deadly weapon” (commonly called “armed robbery”), the punishment is death or imprisonment for life.”
Easley v. Commonwealth, 320 S.W.2d 778 (Ky. Ct. App. 1958). “In essence, the other two alleged improper arguments are the same; that is, the maximum punishment should have been given as a deterrent for the protection of the public, including the jurors.”
Shirley v. Commonwealth, 378 S.W.2d 816 (Ky. Ct. App. 1964). “KRS 433.120 (1). The chief prosecuting witness stated on direct examination that he had not consumed anything intoxicating prior to the time he was robbed.”
Show all 41 citing cases →
— Ky. Rev. Stat. § 433.120(1) — 6 cases
Rayburn v. Commonwealth, 476 S.W.2d 187 (Ky. Ct. App. 1972). “Under a separate indictment appellant was convicted and received a sentence of eight years for burglary, a crime denounced by KRS 433.120(1). The two charges grew out of the same set of facts and were consolidated for trial.”
Travis v. Commonwealth, 457 S.W.2d 481 (Ky. Ct. App. 1970). “On their appeals to this court Davis and Travis contend that the trial court erred to their prejudice in (1) declining to rule as a matter of law on the competence of one William Combs as a witness, (2) permitting members of the jury to take into the jury room notes they had…”
Strong v. Commonwealth, 507 S.W.2d 691 (Ky. Ct. App. 1974). “- *693 190) and robbery (KRS 433.120). On July 27, 1970, he had been convicted in the same court of a subsequently committed robbery.”
Bryant v. Commonwealth, 277 S.W.2d 55 (Ky. Ct. App. 1955).
Phelps v. Commonwealth, 435 S.W.2d 86 (Ky. Ct. App. 1968).
— Ky. Rev. Stat. § 433.120(2) — 4 cases
Curtsinger v. Commonwealth, 549 S.W.2d 515 (Ky. 1977). “KRS 433.120(2). Rendition of judgment was, however, withheld pursuant to KRS 439.”
Brown v. Commonwealth, 445 S.W.2d 697 (Ky. Ct. App. 1969).
Commonwealth v. Marganon, 370 S.W.2d 821 (Ky. Ct. App. 1963).
Rogers v. Commonwealth, 432 S.W.2d 405 (Ky. Ct. App. 1968).
— Ky. Rev. Stat. § 433.120(3) — 1 case
Mortland v. Jay Hari LLC (W.D. Ky. 2025).
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