NEWTON v. COM.


558 S.W.2d 167 (1977)

Larry Wade NEWTON, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

October 28, 1977.


Attorney(s) appearing for the Case

Frank W. Heft, Jr., Asst. Public Defender, Louisville, Terrence R. Fitzgerald, Deputy Public Defender, Louisville, for appellant.

Robert F. Stephens, Atty. Gen., Carl Miller, Asst. Atty. Gen., Frankfort, for appellee.


STEPHENSON, Justice.

Larry Wade Newton was indicted and tried for the offense of first-degree robbery, KRS 515.020, and as a persistent felony offender in the first degree, KRS 532.080(3).

The jury convicted Newton of first-degree robbery and fixed his punishment at 20 years' imprisonment. In the second stage of the trial, he was convicted of being a persistent felony offender in the first degree and was sentenced to life imprisonment.

The sole question...

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