LUSTER v. COMMONWEALTH


333 S.W.2d 267 (1960)

Bert LUSTER and Don (Donald) Smith, Appellants, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

March 11, 1960.


Attorney(s) appearing for the Case

Jasper H. Preece, Earle Cassady, Inez, for appellants.

John B. Breckinridge, Atty. Gen., Troy D. Savage, Asst. Atty. Gen., for appellee.


CULLEN, Commissioner.

The appellants, Bert Luster and Donald Smith, were given two-year sentences upon conviction of violating KRS 433.190, which prohibits the breaking of "any warehouse, storehouse, office, shop * * *, whether such place is or is not a depository for goods, wares or merchandise, * * * with intent to steal * * *."

The indictment charged the breaking and entering of a "pool hall." The appellants ...

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