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TERRY v. COMMONWEALTH

371 S.W.2d 862 (1963)

Willard TERRY, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Concurring Opinion May 20, 1963.

As Modified on Denial of Rehearing October 18, 1963.

Attorney(s) appearing for the Case

Claude Asbury, W. G. Wheeler, Catlettsburg, for appellant.

John B. Breckinridge, Atty. Gen., James G. Osborne, Asst. Atty. Gen., for appellee.

WILLIAMS, Judge.

The appellant, Willard Terry, was tried in the Boyd Circuit Court and was convicted of the murder of his son. His punishment was fixed at death. Although no bill of exceptions was filed, we have reviewed the entire record in this case on the basis of the principles discussed in Anderson v. Commonwealth, 302 Ky. 275, 194 S.W.2d 530.

The facts are uncontradicted. Appellant operated a small store in Boyd County

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