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PENN v. COMMONWEALTH

427 S.W.2d 808 (1968)

Arthur Edward PENN, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

May 10, 1968.

Attorney(s) appearing for the Case

James W. Owens, Paducah, for appellant.

John B. Breckinridge, Atty. Gen., Howard E. Trent, Jr., Asst. Atty. Gen., for appellee.

PALMORE, Judge.

In Penn v. Commonwealth, Ky., 417 S.W.2d 258 (1967), we affirmed a judgment of the McCracken Circuit Court sentencing appellant to a total of seven years in the penitentiary pursuant to a jury verdict finding him guilty of unlawfully breaking into an office (KRS 433.190) and attempting to open a safe (KRS 433.130). He now appeals from a subsequent order denying relief under RCr 11.42. The theory on which he claims...

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