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WHITAKER v. COMMONWEALTH

479 S.W.2d 592 (1972)

Charles Randell WHITAKER and Willard Frederick Wells, Appellants, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

March 31, 1972.

Attorney(s) appearing for the Case

Robert J. McDaniel, Paris, for appellants.

John B. Breckinridge, Atty. Gen., Jackson D. Guerrant, Asst. Atty. Gen., Frankfort, for appellee.

NEIKIRK, Judge.

Charles Randell Whitaker and Willard Frederick Wells were convicted in the Nicholas Circuit Court of breaking and entering a dwelling house with intent to steal. KRS 433.180. Their punishment was fixed by the jury at two years' confinement in the state penitentiary. They appeal. We affirm the judgment as to Whitaker and reverse the judgment as to Wells.

The evidence discloses that Mabel Kendall, wife of Howard Kendall, owned a farm in Nicholas...

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