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COLE v. COMMONWEALTH

405 S.W.2d 753 (1966)

Oby Mendel COLE, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied September 23, 1966.

Attorney(s) appearing for the Case

Leland Logan, Bowling Green, for appellant.

Robert Matthews, Atty. Gen., Joseph H. Eckert, Asst. Atty. Gen., Frankfort, for appellee.

WADDILL, Commissioner.

Appellant was convicted of storehouse breaking as denounced by KRS 433.190. Since it was shown and the jury found that he had been previously convicted of committing two felonies his punishment was fixed at life imprisonment under the habitual criminal statute, KRS 431.190. On this appeal he urges that the indictment was defective, the instructions were erroneous and that certain evidence the jury...

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