COLE v. COMMONWEALTH


381 S.W.2d 318 (1964)

Harvey Joe COLE and Bobby Ray Hamilton, Appellants, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

May 29, 1964.


Attorney(s) appearing for the Case

Earl F. Ashcraft, Irvine, for appellants.

Robert F. Matthews, Atty. Gen., Charles W. Runyan, Asst. Atty. Gen., Mart V. Mainous, Commonwealth Atty., Irvine, for appellee.


WILLIAMS, Judge.

The appellants, Harvey Joe Cole and Bobby Ray Hamilton, were convicted of breaking and entering a storehouse with intent to steal, and were sentenced to two years in the penitentiary. On their appeal they allege the lower court erred (1) in permitting the introduction of incompetent and prejudicial evidence; and (2) in failing to sustain appellants' motion for a directed verdict.

The Commonwealth proved its case as follows: The storeowner...

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