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COMMONWEALTH v. MARGANON

370 S.W.2d 821 (1963)

COMMONWEALTH of Kentucky, Appellant, v. Fernando Vicinte MARGANON et al., Appellees.

Court of Appeals of Kentucky.

September 20, 1963.

Attorney(s) appearing for the Case

John B. Breckinridge, Atty. Gen., Bowling Green, Joe Nagle, Asst. Atty. Gen., Frankfort, for appellant.

Joseph R. Huddleston, Bowling Green, for appellees.

MONTGOMERY, Judge.

An indictment under KRS 433.120(2) against Fernando Vicinte Marganon, Arthur MacBride, and Danny Leroy Caldwell, was dismissed as failing to state an offense under the statute. The Commonwealth seeks a certification of the law.

The statute provides:

"Any person who has possession of any tools, implements or other things used by burglars for housebreaking, forcing doors, windows, locks or buildings or other places where goods, wares...

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