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CRIPPLE v. COMMONWEALTH

506 S.W.2d 506 (1974)

Billy Ray CRIPPLE, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

February 15, 1974.

Attorney(s) appearing for the Case

Anthony M. Wilhoit, David E. Murrell, Frankfort, for appellant.

Ed W. Hancock, Atty. Gen., John M. Famularo, Asst. Atty. Gen., Frankfort, for appellee.

PALMORE, Justice.

The appellant, Billy Ray Cripple, was jointly indicted with Jackie Caudill and Larry Caudill for the armed robbery of Hazel Durbin, the proprietor of a small country store in Lee County. Cripple was tried separately, found guilty, and given the minimum sentence of 10 years in the penitentiary. Cf. KRS 433.140.

The only contention made on this appeal is that since the trial court instructed on the theory of conspiracy and there was no evidence...

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