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HARRISON v. COMMONWEALTH

373 S.W.2d 156 (1963)

Ellis HARRISON, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

December 6, 1963.

Attorney(s) appearing for the Case

Lester H. Burns, Jr., Manchester, James W. Burns, McKee, for appellant.

John B. Breckinridge, Atty. Gen., Martin Glazer, Asst. Atty. Gen., Frankfort, for appellee.

WADDILL, Commissioner.

Ellis Harrison is appealing from a judgment sentencing him to prison for a term of twenty-one years. For reversal of the conviction it is urged that the court erred in instructing the jury.

Appellant was convicted of the crime denounced by KRS 435.170 which, in pertinent part, states:

"Any person shall be confined in the penitentiary for not less than two nor more than twenty-one years who: * * *. "(4) Willfully and...

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