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PHILLIPS v. COMMONWEALTH

528 S.W.2d 940 (1974)

David PHILLIPS, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

December 13, 1974.

Attorney(s) appearing for the Case

Eulyn L. Dean, Tebbs S. Moore, Phillips & Moore, Harrodsburg, for appellant.

Ed W. Hancock, Atty. Gen., Carl Miller, Asst. Atty. Gen., Frankfort, for appellee.

PALMORE, Justice.

The appellant and his son, James Phillips, were jointly indicted on a charge of assault and battery. KRS 431.075. Finding both guilty, a jury fixed the punishment of James at 12 months in jail and that of the appellant at a $500 fine. James did not appeal.

Over objection, these questions and answers were admitted in evidence during cross-examination of James Phillips:

Q. Mr. Phillips, have you ever been convicted of a felony?

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