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ADAMS v. COMMONWEALTH

560 S.W.2d 825 (1977)

Eugene ADAMS, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied September 30, 1977.

Rehearing En Banc Denied October 7, 1977.

Discretionary Review Denied February 13, 1978.

Attorney(s) appearing for the Case

Jack Emory Farley, Public Defender, Commonwealth of Kentucky by Edward C. Monahan, Asst. Public Defender, Frankfort, for appellant.

Robert F. Stephens, Atty. Gen. by B. F. Radmacher, III, Asst. Atty. Gen., Frankfort, for appellee.

Before HAYES, HOWARD and WINTERSHEIMER, JJ.

HAYES, Judge.

Eugene Adams appeals from a judgment entered on a verdict finding him guilty of the crime of Robbery in the Second Degree (KRS 515.030) and fixing his punishment at the minimum of five (5) years in prison.

Adams contends:

(1) The trial court erred in instructing the jury.

(2) There was not sufficient evidence to support a conviction.

(3) The jury also convicted the defendant of theft, which is a lesser included offense...

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