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BROWN v. COM.

639 S.W.2d 758 (1982)

James H. BROWN, III, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

Rehearing Denied November 2, 1982.

Attorney(s) appearing for the Case

Jack Emory Farley, Public Defender, Kevin Michael McNally, M. Gail Robinson, Asst. Public Defenders, Frankfort, for appellant.

Robert F. Stephens, Atty. Gen., J. Gerald Henry, Asst. Atty. Gen., David A. Smith, Sp. Asst. Atty. Gen., Frankfort, for appellee.

OPINION OF THE COURT

The appellant, James H. (Jim) Brown, III, and his brother, Mark Brown, were jointly indicted for the murder of Bryant Dudley. Cf. KRS 507.020. In a separate trial Mark was found guilty and sentenced to 20 years in prison. His conviction was affirmed by this court in Brown v. Commonwealth, Ky., 555 S.W.2d 252 (1977). That opinion will serve as a sufficient background for understanding this case without...

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