WHITT v. COMMONWEALTH


479 S.W.2d 646 (1972)

Burl WHITT, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

March 31, 1972.


Attorney(s) appearing for the Case

A. E. Cornett, Hyden, for appellant.

John B. Breckinridge, Atty. Gen., Richard E. Fitzpatrick, Asst. Atty. Gen., Frankfort, for appellee.


MILLIKEN, Judge.

Burl Whitt was found guilty of the violation of KRS 435.150, falsely imprisoning a five-year-old child against her will. He appeals from the judgment sentencing him to three years of confinement in the penitentiary. The sole issue raised on appeal is whether the court erred in failing to sustain Whitt's motion for a directed verdict of acquittal at the conclusion of all of the evidence. We reverse.

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