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ABERNATHY v. COMMONWEALTH

439 S.W.2d 949 (1969)

George William ABERNATHY et al., Appellants, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied May 23, 1969.

Attorney(s) appearing for the Case

Donald M. Heavrin, Charles H. Anderson, Louisville, for appellants.

John B. Breckinridge, Atty. Gen., Joseph L. Famularo, Asst. Atty. Gen., for appellee.

PALMORE, Judge.

George William Abernathy, David Lee Hodges, Frank Thomas Hollins and Julius Robinson were jointly indicted on two counts of armed robbery. KRS 433.140. Abernathy was found guilty on both counts and sentenced to 10 years on each, the terms to run consecutively. Hodges and Robinson were found guilty and sentenced to 10 years on one count. Abernathy and Hodges appeal.

We shall outline the facts the jury was authorized to believe from the Commonwealth...

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