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McGUIRE v. COMMONWEALTH

287 S.W.2d 917 (1956)

William B. McGUIRE, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

March 2, 1956.

Attorney(s) appearing for the Case

Louis P. McHenry, Hopkinsville, for appellant.

J. D. Buckman, Jr., Atty. Gen., John B. Browning, Asst. Atty. Gen., for appellee.

MILLIKEN, Chief Justice.

Appellant, William B. McGuire, was convicted in the Christian Circuit Court of the crime of storehouse breaking, KRS 433.190, and his punishment fixed at confinement in the penitentiary for one year. Since the case must be reversed, we will discuss only the appellant's contention that he was entitled to a directed verdict of not guilty because the prosecution failed to prove there had been a "breaking", an essential element of the crime with...

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