Duvall v. Commonwealth

WHITE, Judge.

This is an appeal from a conviction under KRS 527.040 by which judgment appellant received a sentence of five years in prison. Upon initial consideration, this Court reversed that sentence based upon Whorton v. Commonwealth, 570 S.W.2d 627 (1978), rev’d 441 U.S. 786, 99 S.Ct. 2088, 60 L.Ed.2d 640 (1979). Upon reversal of the Whorton case, the Supreme Court of Kentucky vacated our original Duvall opinion on September 18, 1979; therefore, we hereby reconsider the case on all points appealed.

During the week of October 25, 1977, appellant, a convicted felon, was given a pistol to…