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FOSTER v. COMMONWEALTH

507 S.W.2d 443 (1974)

Ruby FOSTER, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

March 22, 1974.

Attorney(s) appearing for the Case

Anthony M. Wilhoit, Public Defender, William C. Ayer, Jr., Asst. Public Defender, Frankfort, for appellant.

Ed W. Hancock, Atty. Gen., Robert W. Willmott, Jr., Asst. Atty. Gen., Frankfort, for appellee.

STEINFELD, Justice.

Appellant Ruby Foster was tried for the crime of breaking and entering, KRS 433.190, together with being an habitual criminal KRS 431.190. A motion that the habitual criminal charge be tried separately from the primary charge was denied. Evidence showed that Foster had been convicted of felonies twice before. The jury, pursuant to an option given to it by the court's instructions, found Foster guilty of the primary offense and of being an habitual...

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