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HAMM v. COMMONWEALTH

300 S.W.2d 562 (1957)

Charles LeRoy HAMM, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

March 29, 1957.

Attorney(s) appearing for the Case

Walter C. Cox, Jr., James R. Richardson, Thomas P. Bell, and Darrell B. Hancock, Lexington, for appellant.

Jo M. Ferguson, Atty. Gen., Zeb A. Stewart, Asst. Atty. Gen., Paul H. Mansfield, Commonwealth's Atty., Lexington, for appellee.

WADDILL, Commissioner.

The appeal is from a conviction of storehouse breaking, KRS 433.190, and sentence of imprisonment for life under the Habitual Criminal Statute, KRS 431.190.

A reversal of the judgment is sought on the ground that the instructions were prejudicially erroneous. The basis of this contention is that instruction No. 5, which authorized the jury to fix Hamm's punishment at imprisonment for life under the Habitual Criminal Act, deprived the...

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