Berning v. Commonwealth

STERNBERG, Justice.

This is appellant’s third visit to this court. His journeys commenced with an appeal from a November 22, 1974, conviction of being a habitual criminal. Appellant traveled over a rough and rugged road. In each of his two prior appeals he convinced this court that the trial court erred to his prejudice. In the present appeal counsel for appellant, in attempting to stretch the cloak of innocence around his client, has justly and rightly come out second best.

On January 20, 1974, the appellant broke into the Fifth Street Market in Henderson, Kentucky, and on February 12,1974, he…