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COM. v. BIVINS

No. 87-SC-375-DG.

740 S.W.2d 954 (1987)

COMMONWEALTH of Kentucky, Appellant, v. Terry A. BIVINS, Appellee.

Supreme Court of Kentucky.

December 17, 1987.

Attorney(s) appearing for the Case

David L. Armstrong, Atty. Gen., Frankfort, Robert P. Moore, Sp. Asst. Atty. Gen., Calvert & Moore, Madisonville, for appellant.

Ken S. Dean, Madisonville, for appellee.

WINTERSHEIMER, Justice.

This appeal is from an order denying discretionary review in the Court of Appeals.

Originally, the Commonwealth requested discretionary review from an order of the circuit court which reversed a jury verdict of the district court finding Bivins guilty of driving under the influence of alcohol or other intoxicants.

The question is whether the circuit court, acting as a reviewing court, abused its discretion by reversing the district...

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