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MARTIN v. COMMONWEALTH

507 S.W.2d 485 (1974)

Steve MARTIN, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied April 26, 1974.

Attorney(s) appearing for the Case

Anthony M. Wilhoit, Public Defender, J. Vincent Aprile, II, Asst. Public Defender, Frankfort, for appellant.

Ed W. Hancock, Atty. Gen., Guy C. Shearer, Asst. Atty. Gen., Frankfort, for appellee.

JONES, Justice.

Appellant Steve Martin was convicted in the Kenton Circuit Court on October 6, 1972, of murdering Judith Ann Green, a ten-year-old, in Covington. KRS 435.010. Appellant was also convicted of being an habitual criminal under KRS 431.190. Although the verdict fixed a sentence of life imprisonment for both charges the trial court imposed only the penalty adjudged for murder.1 Notice of appeal was filed on October 26, 1972...

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