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BAKER v. COMMONWEALTH

500 S.W.2d 69 (1973)

Hank BAKER, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

September 28, 1973.

Attorney(s) appearing for the Case

David E. Murrell, Deputy Public Defender, Frankfort, for appellant.

Ed W. Hancock, Atty. Gen., Robert L. Chenoweth, Asst. Atty. Gen., Frankfort, for appellee.

PALMORE, Chief Justice.

Hank Baker and James Lowe were jointly indicted, tried and found guilty of storehouse breaking, KRS 433.190. Their punishment was fixed by a jury at one year in the penitentiary. On its own motion, as authorized by RCr 10.02(2), the trial court set the verdict aside and directed a new trial, which again resulted in a finding of guilty and sentence of one year as to each of the two defendants. They appeal from judgments entered accordingly....

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