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PENNINGTON v. COMMONWEALTH OF KENTUCKY

328 S.W.2d 549 (1959)

Hoyle PENNINGTON, Appellant, v. COMMONWEALTH OF KENTUCKY, Appellee.

Court of Appeals of Kentucky.

October 23, 1959.

Attorney(s) appearing for the Case

Roy W. House, Pleaz William Mobley, T. T. Burchell, Manchester, for appellant.

Jo M. Ferguson, Atty. Gen., Paul E. Hayes, Asst. Atty. Gen., for appellee.

MONTGOMERY, Chief Justice.

Hoyle Pennington was indicted for cattle stealing. KRS 433.250. The second count of the indictment charged a prior felony conviction. KRS 431.190. Upon conviction, his punishment was fixed at confinement in the penitentiary for two years. The verdict is not clear as to whether he was convicted on one or both counts. He urges for reversal that: (1) No judgment is in the record; (2) the indictment is defective; (3) his motion for a directed...

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