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JOHNSON v. COMMONWEALTH

516 S.W.2d 648 (1974)

Theodore JOHNSON, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

December 6, 1974.

Attorney(s) appearing for the Case

David A. Lambertus, Staff Atty., Office of Jefferson District Public Defender, Louisville, for appellant.

Ed W. Hancock, Atty. Gen., Kenneth A. Howe, Jr., Joseph L. Famularo, Asst. Attys. Gen., Frankfort, for appellee.

STEPHENSON, Justice.

Proof of prior felony convictions in an habitual criminal case (KRS 431.190) is established by reading into evidence the judgments of prior convictions contained in the order books of the trial court. Here the trial court permitted the reading of the indictments upon which the prior convictions were based in addition to the introduction of the judgments of prior convictions. This was error since the judgments of convictions clearly showed the...

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