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HOWARD v. COM.

608 S.W.2d 62 (1980)

Earnest HOWARD, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied December 9, 1980.

Attorney(s) appearing for the Case

Donna B. Proctor, Asst. Public Advocate, Frankfort, for appellant.

Steven L. Beshear, Atty. Gen., Carl T. Miller, Jr., Asst. Atty. Gen., Frankfort, for appellee.

Before LESTER, VANCE and WILHOIT, JJ.

VANCE, Judge.

Appellant was convicted of the offense of theft by unlawful taking and also convicted as a first-degree persistent felony offender. His punishment was fixed at ten years imprisonment.

He raises two alleged errors relating to his conviction of the charge of unlawful taking. First, he contends the trial judge in selecting the jury followed the procedure condemned in Allen v. Commonwealth, Ky. App., 596 S.W.2d 21

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