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SMITH v. COMMONWEALTH

473 S.W.2d 829 (1971)

Lawrence Gene SMITH, Appellant, v. COMMONWEALTH of Kentucky, Appellee. Charles C. WILFORD, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

December 3, 1971.

Attorney(s) appearing for the Case

Patrick H. Molloy, Brooks, Sullivan & Molloy, Lexington, for Lawrence Gene Smith.

Spencer D. Noe, Thomas E. Harris, Lexington, for Charles C. Wilford.

John B. Breckinridge, Atty. Gen., Laura L. Murrell, Asst. Atty. Gen., Frankfort, of Commonwealth of Kentucky.

DAVIS, Commissioner.

Lawrence Gene Smith, Charles C. Wilford, and Thomas James Dixon were indicted and tried jointly upon various offenses to be discussed in the opinion. Smith and Wilford have prosecuted separate appeals, utilizing the same record. Dixon has not taken an appeal so far as appears of record. The separate appeals of Smith and Wilford will be dealt with in this opinion.

On the night of July 1, 1969, at about 9:45 p. m., Smith and Wilford, who...

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