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SIZEMORE v. COMMONWEALTH

262 S.W.2d 817 (1953)

SIZEMORE v. COMMONWEALTH.

Court of Appeals of Kentucky.

As Modified on Denial of Rehearing December 18, 1953.

Attorney(s) appearing for the Case

S. M. Ward, Don A. Ward, Hazard, for appellant.

Hon. J. D. Buckman, Atty. Gen., Zeb A. Stewart, Asst. Atty. Gen., for appellee.

STEWART, Justice.

Tommie Sizemore and John Stevens were jointly indicted on February 12, 1953, by the Clay County grand jury, each charged with the crime of willfully exploding dynamite or other explosive substance within and under a dwelling house in violation of KRS 433.460. A severance having been granted, the Commonwealth elected to try Sizemore who was convicted and sentenced to the penitentiary for two years.

This appeal urges two grounds for reversal...

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