MONTGOMERY v. COMMONWEALTH


231 S.W.2d 72 (1950)

MONTGOMERY v. COMMONWEALTH.

Court of Appeals of Kentucky.

As Modified on Denial of Rehearing June 23, 1950.


Attorney(s) appearing for the Case

Ed. H. King, Paintsville, for appellant.

A. E. Funk, Atty. Gen., John B. Browning, Asst. Atty. Gen., for appellee.


MORRIS, Commissioner.

Appellant and Robert Baldridge were jointly indicted for breaking and entering a storehouse, KRS 433.190. Appellant was tried at the June 1939 term of court, found guilty and his punishment fixed at one year's imprisonment. Baldridge had been convicted at a former term. Appellant insists that he is entitled to a reversal of the judgment because, (1) the verdict is against the law and evidence; (2) the court erroneously refused to give a peremptory...

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