MORRIS v. COM.

No. 86-SC-84-MR.

766 S.W.2d 58 (1989)

Joseph Edward MORRIS, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

Rehearing Denied April 6, 1989.


Attorney(s) appearing for the Case

Oleh Tustaniwsky, Linda K. West, Asst. Public Advocates, Frankfort, for appellant.

Frederic J. Cowan, Atty. Gen., Frankfort, David A. Sexton, Vickie L. Wise, Asst. Attys. Gen., for appellee.


GANT, Justice.

On the evening of October 18, 1984, appellant Joseph Edward Morris, Tony Mallory and Jackie Gilbert formulated a plan to burglarize the home of Mr. and Mrs. George Pope in Harlan County, the Popes being 102 and 95 years of age. At the Pope home, on this occasion, in addition to the mother and father, were the three sons of the Popes — Howard Pope, who had gone upstairs to retire for the night; and John and George, Jr., who were in the living...

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