Cole v. Commonwealth

WADDILL, Commissioner.

Appellant was convicted of storehouse breaking as denounced by ICRS 433.190. *754Since it was shown and the jury found that he had been previously convicted of committing two felonies his punishment was fixed at life imprisonment under the habitual criminal statute, KRS 431.190. On this appeal-he urges that the indictment was defective, the instructions were erroneous and that certain evidence the jury was permitted to consider deprived him of a fair trial.

The evidence reveals that, during the night of October 22, 1964, while patrolling the business district of Russellville,…