Starnes v. Commonwealth

STEPHENSON, Justice.

Gardell Starnes was tried and convicted on two counts of burglary in the first degree, KRS 511.020. He was sentenced to consecutive ten-year prison terms. Starnes appeals his conviction. We affirm.

Starnes was charged with burglary of the dwelling of Floyd Carter, Jr., and Count 2, the burglary of the dwelling of Walter Smith.

The principal argument made by Starnes is directed to Count 2 of the indictment, charging burglary of the Smith dwelling.

The evidence developed at the trial was that the Smiths were in the process of moving all their belongings from the house and were…