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ROSS v. COMMONWEALTH

384 S.W.2d 324 (1964)

Herbert ROSS, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

November 25, 1964.

Attorney(s) appearing for the Case

T. D. Shumate, Shumate, Shumate & Flaherty, Richmond, for appellant.

Robert Matthews, Atty. Gen., F. E. Wood, Asst. Atty. Gen., Frankfort, for appellee.

STEWART, Judge.

Herbert Ross, convicted of voluntary manslaughter under KRS 435.020 on March 4, 1964, was also found guilty and sentenced to life imprisonment under Instruction No. 3 for violation of KRS 431.190, the Habitual Criminal Act.

Appellant's principal contention on appeal, and we are reversing for this reason, is that the evidence fails to sustain his conviction under KRS 431.190, since there is no proof that the second and third crimes and the one...

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