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EASLEY v. COMMONWEALTH

320 S.W.2d 778 (1958)

James Anderson EASLEY, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied and Dissenting Opinion Filed March 6, 1959.

Attorney(s) appearing for the Case

C. M. Leibson, Goldstein & Leibson, Louisville, for appellant.

Jo M. Ferguson, Atty. Gen., David B. Sebree, Asst. Atty. Gen., for appellee.

MONTGOMERY, Judge.

This appeal is from a judgment based on a conviction for burglary with a sentence of five years' confinement. James Anderson Easley, appellant, assigns as error the rejection of his plea of former jeopardy and improper argument by the prosecuting attorney.

Early in the morning of November 26, 1956, while it was dark, appellant entered the house then occupied as a dwelling by William Marshall Bullitt...

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