McGUIRE v. COM.


573 S.W.2d 360 (1978)

Earl McGUIRE, Jr., Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

October 6, 1978.


Attorney(s) appearing for the Case

David A. Lambertus, Louisville, for appellant.

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

Before HOWARD, HOWERTON and PARK, JJ.


HOWARD, Judge.

Appellant, Earl McGuire, Jr., was convicted of first degree burglary, after a trial by jury, and sentenced to ten years confinement in the penitentiary. Appellant was charged with first degree robbery and first degree burglary. He was acquitted of the robbery charge.

Michael Mosher, the victim, stated that he was accosted by a man in his apartment about nine o'clock p. m. on September 16, 1976. He testified that he struggled with the assailant...

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