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LEE v. COMMONWEALTH

306 S.W.2d 258 (1957)

James LEE, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied November 22, 1957.

Attorney(s) appearing for the Case

Joe Feather, G. G. Teague, Jr., Williamsburg, for appellant.

Jo M. Ferguson, Atty. Gen., Seth T. Boaz, Jr., Asst. Atty. Gen., for appellee.

CULLEN, Commissioner.

James Lee, upon trial under an indictment charging the offense of malicious shooting and wounding with intent to kill, and charging him with having been convicted of two previous felonies, was found guilty and a sentence of life imprisonment was imposed. Appealing, he complains only of error in the instructions.

The asserted errors relate to that portion of the instructions dealing with the habitual criminal aspect of the case. The first...

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