Berning v. Commonwealth

STERNBERG, Justice.

On January 20,1974, appellant broke into the Fifth Street Market in Henderson, Kentucky, and on February 12, 1974, he was indicted by the Henderson County Grand Jury for the offense of breaking and entering a storehouse (KRS 433.190 — Indictment No. 74-13). On August 24¿ 1974, appellant broke into the Sears Roebuck & Co. store, in Henderson, and engaged in the exchange of gunfire with police before being apprehended. On September 9, 1974, he was again indicted by the Henderson County Grand Jury for the offense of breaking into the Sears store (KRS 433.190), malicious…