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BERNING v. COMMONWEALTH

550 S.W.2d 561 (1977)

Larry Russell BERNING, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

Rehearing Denied June 10, 1977.

Attorney(s) appearing for the Case

Jack E. Farley, Public Defender, Timothy T. Riddell, Asst. Public Defender, Frankfort, for appellant.

Robert F. Stephens, Atty. Gen., Patrick B. Kimberlin, III, Asst. Atty. Gen., Frankfort, for appellee.

STERNBERG, Justice.

On January 20, 1974, appellant broke into the Fifth Street Market in Henderson, Kentucky, and on February 12, 1974, he was indicted by the Henderson County Grand Jury for the offense of breaking and entering a storehouse (KRS 433.190 — Indictment No. 74-13). On August 24, 1974, appellant broke into the Sears Roebuck & Co. store, in Henderson, and engaged in the exchange of gunfire with police before being apprehended. On September 9...

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