JOHNSON v. COMMONWEALTH


431 S.W.2d 857 (1968)

Ernest Lee JOHNSON, alias Lucky Johnson, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied June 14, 1968.


Attorney(s) appearing for the Case

Wesley Bowen, Newport, for appellant.

Robert Matthews, Atty. Gen., James H. Barr, Asst. Atty. Gen., Frankfort, for appellee.


EDWARD P. HILL, Judge.

Appellant was convicted on an indictment which charged him with violation of the housebreaking statute, KRS 431.180, and the habitual criminal statute, KRS 431.190. He was sentenced to six years' imprisonment.

Appellant raises five questions. The first two questions were combined by the parties, and we will combine them here. They are that the court erred in overruling appellant's motion for a peremptory instruction of "not guilty" at...

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