COM. v. MESSEX

Nos. 86-SC-929-DG, 87-SC-30-DG.

736 S.W.2d 341 (1987)

COMMONWEALTH of Kentucky, Movant, v. Richard Owen MESSEX, Respondent. Richard Owen MESSEX, Cross-Movant and Respondent, v. COMMONWEALTH of Kentucky, Cross-Respondent and Movant.

Supreme Court of Kentucky.

September 24, 1987.


Attorney(s) appearing for the Case

David L. Armstrong, Atty. Gen., Michael L. Harned, Daniel E. Cohen, Asst. Attys. Gen., Frankfort, for movant and cross-respondent.

Frank W. Heft, Jr., J. David Niehaus, Louisville, for respondent and cross-movant.


GANT, Justice.

On direct appeal, the sole issue raised is whether the failure of the court to admonish the jury on one occasion, pursuant to RCr 9.70, is reversible error even though it was unpreserved by contemporaneous objection.

In this case, Messex was indicted for and convicted of theft and given a sentence of one year on that charge. He was also indicted as a persistent felony offender in the first...

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