Eversole v. Commonwealth

JONES, Justice.

Douglas Lee Eversole and Cecil Wayne Pelfrey appeal from judgments of conviction imposing on each of them concurrent prison terms of 20 years on a charge of first-degree burglary and 5 years on a charge of theft by unlawful taking. KRS 511.020; KRS 514.030. Eversole and Pel-frey prosecute separate appeals which are consolidated for review.

There are other questions, but the principal issue presented for decision is whether the trial court prejudicially failed to instruct the jury on their tendered instruction of third-degree burglary. At the time the alleged offense was…