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GANN v. COMMONWEALTH

272 S.W.2d 657 (1954)

Jewell GANN, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

November 5, 1954.

Attorney(s) appearing for the Case

Rodes K. Myers, Bowling Green, for appellant.

J. D. Buckman, Jr., Atty. Gen., Earle V. Powell, Asst. Atty. Gen., Frank Goad, Scottsville, for appellee.

STEWART, Chief Justice.

The sole question on this appeal is whether appellant, Jewell Gann, was duly and regularly convicted of storehouse breaking, a crime denounced by KRS 433.190.

Appellant and one Russell W. Bergerson were jointly indicted as principals at the January, 1954, term of the Warren Circuit Court, each charged with the above offense. On January 8, 1954, Bergerson pleaded not guilty to the charge of storehouse breaking but entered a plea of guilty...

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