COX v. COMMONWEALTH


356 S.W.2d 766 (1962)

Harold COX, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

April 20, 1962.


Attorney(s) appearing for the Case

Sidney Baer, Louisville, for appellant.

John B. Breckinridge, Atty. Gen., Ray Corns, Asst. Atty. Gen., Frankfort, for appellee.


WADDILL, Commissioner.

Appellant was convicted of the crime of storehouse breaking and was sentenced to prison for two years. KRS 433.190. In seeking a reversal of the conviction it is urged that the court erred: (1) In failing to direct a verdict of acquittal; (2) in allowing the jury to consider incompetent evidence; and (3) in instructing the jury.

Appellant and James Case were jointly indicted. Case pleaded guilty. Upon appellant's trial Case testified...

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