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STEWART v. COMMONWEALTH

479 S.W.2d 23 (1972)

James R. STEWART, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied May 12, 1972.

Attorney(s) appearing for the Case

William R. Young, Eddyville, for appellant.

John B. Breckinridge, Atty. Gen., Douglas E. Johnson, Spec. Asst. Atty. Gen., Frankfort, for appellee.

STEINFELD, Chief Justice.

Appellant James R. Stewart was convicted and sentenced to serve ten years in the penitentiary for stealing cattle, an offense denounced by KRS 433.250(1), and of being an habitual criminal (KRS 431.190). He appeals from the judgment entered pursuant to the jury verdict. We affirm.

About 1:30 a. m. on Sunday, February 14, 1971, the sheriff of Trigg County received word that a truck loaded...

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