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BURTON v. COMMONWEALTH

250 S.W.2d 1013 (1952)

BURTON v. COMMONWEALTH.

Court of Appeals of Kentucky.

Rehearing Denied September 26, 1952.

Attorney(s) appearing for the Case

Moss Noble, Jackson, for appellant.

A. E. Funk, Atty. Gen., for appellee.

MOREMEN, Justice.

Appellant, Andrew Burton, was convicted of arson and sentenced to confinement in the penitentiary for 2 years. The grounds urged for reversal are: (1) the court did not instruct on conspiracy; (2) the court erroneously instructed that Homer Cole was an accomplice; and (3) that there was a separation of the jury after the case had been submitted. The indictment read in part:

"The Grand Jury of Breathitt County in the name and by the authority...

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