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LITTLE v. COMMONWEALTH

438 S.W.2d 527 (1968)

Dennis Mike LITTLE and Jimmy Smith, Appellants, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

As Modified on Denial of Rehearing March 14, 1969.

Attorney(s) appearing for the Case

H. M. Shumate, Shumate, Shumate & Flaherty, Irvine, for appellants.

John B. Breckinridge, Atty. Gen., Joseph L. Famularo, Asst. Atty. Gen., Frankfort, Buford A. Short, Beattyville, for appellee.

STEINFELD, Judge.

Appellants, Dennis Mike Little, 19 years of age, and Jimmy Smith, 22 years of age, were tried for an alleged violation of entry with intent to steal (KRS 433.190). They were found guilty and their punishment was fixed at one year in the Kentucky State Penitentiary. It is from judgment entered pursuant to that verdict that they appeal. We affirm.

Little and Smith, accompanied by 18-year-old Gary Horton, were seen by numerous persons including...

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