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FLEMING v. COMMONWEALTH

419 S.W.2d 754 (1967)

McKinley FLEMING, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

October 20, 1967.

Attorney(s) appearing for the Case

Harry M. Caudill, Whitesburg, for appellant.

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

CLAY, Commissioner.

Appellant was convicted of grand larceny (stealing copper wire) under KRS 433.220 and sentenced to three years in the state penitentiary. On appeal he raises two questions for consideration.

At the trial the Commonwealth relied on the presumption of guilt created by virtue of appellant's proven possession of the stolen property. See Chaney v. Commonwealth, Ky., 307 S.W.2d 770.

Appellant's evidence...

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