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COM. v. KERR

No. 2003-CA-001330-MR.

136 S.W.3d 783 (2004)

COMMONWEALTH of Kentucky, Appellant, v. Kristopher Lee KERR, Appellee.

Court of Appeals of Kentucky.

May 28, 2004.

Attorney(s) appearing for the Case

Albert B. Chandler III, Attorney General, Todd D. Ferguson, Assistant Attorney General, Frankfort, for Appellant.

Steve Vidmer, Murray, for Appellee.

Before EMBERTON, Chief Judge; COMBS and TACKETT, Judges.

OPINION

EMBERTON, Chief Judge.

The Commonwealth of Kentucky appeals from an order of the Trigg Circuit Court declaring KRS1 250.489 to be unconstitutionally vague and dismissing the indictment against Kristopher Lee Kerr.

KRS 250.489(1) states:

It shall be unlawful for any person to knowingly possess anhydrous ammonia in any container other than an approved container.

The statute was enacted through...

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