KING v. COMMONWEALTH


471 S.W.2d 297 (1971)

Yewell Alonzo KING, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

October 1, 1971.


Attorney(s) appearing for the Case

David Kaplan, Stuart L. Lyon, Edward T. Brady, Jr., Louisville, for appellant.

John B. Breckinridge, Atty. Gen., George F. Rabe, Asst. Atty. Gen., Frankfort, for appellee.


VANCE, Commissioner.

The appellant entered a plea of guilty to the offense of dwelling house breaking. KRS 433.180. He was sentenced to imprisonment for a period of five years but the order directing that he be taken to the penitentiary for confinement was withheld pursuant to KRS 439.260 and appellant was placed on probation.

Thereafter appellant was charged again with housebreaking and proceedings were instituted to revoke his probation. At the hearing on...

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