ETHERTON v. COMMONWEALTH


335 S.W.2d 899 (1960)

Kenneth Wayne ETHERTON, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

May 20, 1960.


Attorney(s) appearing for the Case

W. Gordon Iler, George V. Triplett, Owensboro, for appellant.

John B. Breckinridge, Atty. Gen., William F. Simpson, Asst. Atty. Gen., for appellee.


WADDILL, Commissioner.

Appellant was sentenced to life imprisonment following his conviction of storehouse breaking (KRS 433.190) and of being an habitual criminal (KRS 431.190). In seeking to reverse the judgment, appellant contends that the court erred: (1) In overruling his motion for a directed verdict of acquittal; (2) in allowing the jury to consider incompetent evidence; (3) in failing to instruct the jury on the whole law of the case.

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