Sullivan v. Commonwealth

NEIKIRK, Judge.

This is a belated appeal from a judgment of the Laurel Circuit Court wherein Harold Sullivan was found guilty of breaking and entering a storehouse. KRS 433.180. His punishment was fixed by the jury at five years in the penitentiary. We affirm.

Leonard Allen owned a farm in Laurel County near Lily, approximately nine miles from where he resided. The only improvements on the farm were some outbuildings, a garage, and a barn.

Allen’s grandson, Allen Sharf, stopped at the farm on the night of July 26, 1969. In order to reach the area of the outbuildings, Sharf had to turn off the…