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SMITH v. COM.

No. 89-SC-044-MR.

788 S.W.2d 266 (1990)

Charles Michael SMITH, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

Rehearing Denied May 24, 1990.

Attorney(s) appearing for the Case

G. Murray Turner, Mulhall, Turner and Hoffman, Louisville, for appellant.

Frederic J. Cowan, Atty. Gen., David A. Sexton, Asst. Atty. Gen., Criminal Appellate Div., Frankfort, for appellee.

COMBS, Justice.

Appellant was convicted in the Jefferson Circuit Court of wanton murder and first-degree burglary, and sentenced to thirty-five years in prison.

In seeking a reversal he assigns several errors. A brief summary of the evidence is necessary in order to treat and dispose of his various contentions.

Someone broke into Margaret Cecil's apartment on the morning of September 22, 1987, armed with...

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