SHUMATE v. COMMONWEALTH


433 S.W.2d 340 (1968)

Donald LeRoy SHUMATE, Joseph Wayne Shumate, and James Douglas Brotze, Appellants, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied November 29, 1968.


Attorney(s) appearing for the Case

John W. Coomes, New Castle, for appellants.

John B. Breckinridge, Atty. Gen., Joseph H. Eckert, Asst. Atty. Gen., Frankfort, for appellee.


EDWARD P. HILL, Judge.

The appeal is from a verdict of guilty and judgment thereon sentencing the appellants to five years each in the state penitentiary on a charge of storehouse breaking under KRS 433.190.

Appellants urge upon us four grounds for reversing the judgment: (1) improper and incompetent evidence was admitted; (2) the trial court erroneously overruled their motion for peremptory instruction; (3) instructions were erroneous; (4) the commonwealth...

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