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PANKEY v. COMMONWEALTH

485 S.W.2d 513 (1972)

Carl Sims PANKEY, Appellant, v. COMMONWEALTH of Kentucky, Appellee. Thomas Leonard POPE and Leonard Daniel Spears, Appellants, v. COMMONWEALTH of Kentucky, Appellee. Verser Joseph SWAITE, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

As Modified on Denial of Rehearing October 6, 1972.

Attorney(s) appearing for the Case

Donald M. Heavrin, Foster V. Jones, Jr., Glenn McDonald, J. Daniel Davis, Stuart Lyon, David Kaplan, Edward Brady, Jr., Kaplan, Lyon & Brady, Don H. Major, J. Bruce Miller, Carroll & Miller, Louisville, for appellants.

John B. Breckinridge, Atty. Gen., James M. Ringo, Asst. Atty. Gen., Frankfort, for appellee.

VANCE, Commissioner.

Carl Sims Pankey, Thomas Leonard Pope, Leonard Daniel Spears and Verser Joseph Swaite, hereinafter referred to as Pankey, Pope, Spears and Swaite, respectively, appeal from judgments sentencing each of them to life imprisonment for armed robbery and sentencing each of them to death for murder. They were indicted jointly, tried together, and their appeals have been consolidated for consideration in this court.

On September 1, 1967, a supermarket...

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