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GALBREATH v. COMMONWEALTH

492 S.W.2d 882 (1973)

Harry C. GALBREATH, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

March 16, 1973.

Attorney(s) appearing for the Case

G. Anthony Mills, Dawson Springs, Robert E. Francis, Cadiz, for appellant.

Ed W. Hancock, Atty. Gen., Guy C. Shearer, Asst. Atty. Gen., Frankfort, Albert W. Spenard, Commonwealth Atty., Madisonville, for appellee.

GARDNER, Commissioner.

Harry C. Galbreath was convicted of armed robbery and murder and sentenced to death in the electric chair. The primary issues on this appeal are legal rather than factual so we shall not burden the opinion with an extensive elaboration of the facts.

According to witnesses for the Commonwealth, Galbreath entered the drugstore of Eugene and Aileen Williamson in Princeton, Kentucky, and committed robbery at gunpoint. A struggle ensued during...

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