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RIGSBY v. COMMONWEALTH

495 S.W.2d 795 (1973)

Vernon K. RIGSBY, Appellant, v. COMMONWEALTH of Kentucky, Appellee. Donald Edward GREEN, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

As Modified on Denial of Rehearing June 29, 1973.

Attorney(s) appearing for the Case

Howard VanAntwerp, III, Ashland, Kelley Asbury, Catlettsburg, Norris B. Vincent, James Stavros, H. Gene Baldridge, Ashland, for appellants.

Ed W. Hancock, Atty. Gen., Patrick B. Kimberlin, III, Asst. Atty. Gen., Frankfort, for appellee.

VANCE, Commissioner.

Appellants, Vernon K. Rigsby and Donald Edward Green, were jointly tried for (1) the murder of Paul Nichols, (2) the armed robbery of Leslie Lyons and Phillip Davidson and (3) the rapes of Paula Bush, age 17 and Donna Oxley, age 16.

At trial, Green testified in his own behalf, while Rigsby elected not to take the stand. Appellants were convicted and both received ten-year sentences on each charge of armed robbery and twelve years on the...

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