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HEATH v. COM.

No. 87-CA-1366-DG.

761 S.W.2d 630 (1988)

Robert Lee HEATH, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court January 11, 1989.

Attorney(s) appearing for the Case

Maury D. Kommor, Appellate Public Advocate, Louisville, for appellant.

Frederic J. Cowan, Atty. Gen., Michael L. Harned, Asst. Atty. Gen., Frankfort, for appellee.

Before HOWARD, MILLER and REYNOLDS, JJ.

HOWARD, Judge.

Discretionary review was granted in this case from the Graves Circuit Court to determine whether a farm tractor is a motor vehicle under Kentucky Revised Statutes (KRS) 189A.010 which would subject its driver to penalties for operating same while under the influence of intoxicants.

Appellant was charged with operating a farm tractor while under the influence. His motion to dismiss the charges was overruled by the Graves District Court, and he...

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