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BURCH v. COM.

No. SC-36-MR.

555 S.W.2d 954 (1977)

Hershel BURCH, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

Rehearing Denied October 28, 1977.

Attorney(s) appearing for the Case

Jack Emory Farley, Public Defender, J. Vincent Aprile, II, Asst. Public Defender, Frankfort, for appellant.

Robert F. Stephens, Atty. Gen., William W. Pollard, Asst. Atty. Gen., Frankfort, for appellee.

STEPHENSON, Justice.

The appellant, Hershel Burch, was indicted, tried by jury, and convicted of the murder of his 17-year-old stepson. He was sentenced to life imprisonment. We affirm.

Burch was convicted and sentenced in 1973 and appeal was not perfected. After two RCr 11.42 motions were denied, the United States District Court for the Eastern District of Kentucky granted a conditional writ of habeas corpus giving the trial court an opportunity to grant...

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