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CARMEN v. COMMONWEALTH

490 S.W.2d 744 (1973)

Billy CARMEN a/k/a William B. Smith, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

February 16, 1973.

Attorney(s) appearing for the Case

David Kaplan, Kaplan, Lyon & Brady, Louisville, for appellant.

Ed W. Hancock, Atty. Gen., Guy C. Shearer, Asst. Atty. Gen., Frankfort, for appellee.

MILLIKEN, Justice.

Appellant Billy Carmen, also known as William Bud Smith, was charged with breaking and entering the storeroom of the Friedman Company with intent to steal, and possessing a burglar's tool with the intention to use it burglariously. A verdict of guilty was entered on both counts fixing Carmen's punishment at one year for storehouse breaking and two years for possession of burglary tools. Carmen's appeal raises questions concerning the sufficiency...

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