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UNDERWOOD v. COMMONWEALTH

390 S.W.2d 635 (1965)

Bradford UNDERWOOD et al., Appellants, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

As Modified on Denial of Rehearing June 4, 1965.

Attorney(s) appearing for the Case

John Swinford, Wayne W. Fitzgerald, Cynthiana, for appellants.

Robert Matthews, Atty. Gen., Frank D. Berry, Asst. Atty. Gen., Frankfort, for appellee.

DAVIS, Commissioner.

The appellants, Bradford and Emma Underwood, are husband and wife. They were jointly indicted, tried and convicted of violation of KRS 434.010. Bradford Underwood received sentence of imprisonment for seven years; Emma's sentence was fixed at imprisonment for five years.

In their joint appeal appellants assign the following claimed errors: (1) A separate trial should have been granted for Emma pursuant to RCr 9.16; (2) the court failed...

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