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WHITE v. COMMONWEALTH

379 S.W.2d 448 (1964)

James Wallace WHITE, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied June 26, 1964.

Attorney(s) appearing for the Case

William C. Jacobs, Lexington, for appellant.

Robert Matthews, Atty. Gen., David Murrell, Asst. Atty. Gen., for appellee.

MOREMEN, Judge.

Appellant, James White, by indictment No. 5874 of the Fayette County Grand Jury, was charged with storehouse breaking (KRS 433.190). By indictment No. 6108, he was charged with (1) possession of burglarious tools (KRS 433.120) and (2) having been twice before convicted of a felony (KRS 431.190). The court upon request of appellant ordered the two indictments to be tried together (RCr 9.12). Appellant was found guilty under indictment No. 5874 and his...

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