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EVANS v. COMMONWEALTH

502 S.W.2d 65 (1973)

Roy Edward EVANS, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

November 23, 1973.

Attorney(s) appearing for the Case

Henry E. Hughes, Lexington, for appellant.

Ed W. Hancock, Atty. Gen., Kenneth A. Howe, Jr., Asst. Deputy Atty. Gen., Frankfort, for appellee.

CULLEN, Commissioner.

"Entering" is not a required element of the offense of storehouse breaking, defined in KRS 433.190, for which appellant was indicted. See Henry v. Commonwealth, 169 Ky. 548, 184 S.W. 870; Kidd v. Commonwealth, 273 Ky. 300, 116 S.W.2d 636. The words "and entered" in the charge of the indictment that the appellant "broke and entered" the storehouse therefore may be treated as surplusage. Cf. Stringer v. Commonwealth, 192 Ky. 318, 233 S.W. 718;...

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