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JONES v. COM.

556 S.W.2d 918 (1977)

Cleveland JONES, Jr., Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied November 14, 1977.

Attorney(s) appearing for the Case

Richard L. Receveur, Asst. Dist. Defender, Terrence R. Fitzgerald, Deputy Public Defender, Louisville, for appellant.

Robert F. Stephens, Atty. Gen., James S. Goldberg, Asst. Atty. Gen., Frankfort, for appellee.

Before HOWARD, LESTER and WILHOIT, JJ.

WILHOIT, Judge.

Appellant, Cleveland Jones, was indicted by the Jefferson County Grand Jury on November 25, 1975. The indictment charged Jones with robbery in the first degree, KRS 515.020, and robbery in the second degree, KRS 515.030. On May 26, 1976, the day of trial, the court dismissed the indictment count charging robbery in the second degree. Jones was found guilty of robbery in the first degree and the jury set punishment at confinement in the penitentiary...

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