Beavers v. Commonwealth

STEPHENS, Justice.

Robert E. Beavers was indicted by the Jefferson County grand jury on charges of burglary in the third degree, receiving stolen property over $100 and being a persistent felony offender. Following a trial by jury, Beavers was found not guilty of burglary and guilty of receiving. He was found to be a persistent felony offender and his sentence was enhanced from 1 to 20 years imprisonment. This appeal results.

While appellant alleges several grounds of error, we will consider only the charge of prejudicial misconduct by the prosecuting attorney.

The facts are as follows. David…