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COMMONWEALTH v. BRINKLEY

362 S.W.2d 494 (1962)

COMMONWEALTH of Kentucky, Appellant, v. Thomas C. BRINKLEY, Appellee.

Court of Appeals of Kentucky.

November 30, 1962.

Attorney(s) appearing for the Case

John B. Breckinridge, Atty. Gen., James G. Osborne, Asst. Atty. Gen., M. R. Mills, Madisonville, for appellant.

Earle M. Nichols, Madisonville, for appellee.

WILLIAMS, Judge.

The appellee, Thomas Brinkley, was indicted for obtaining money under false pretenses. Trial was had in the Christian Circuit Court, the jury could not agree, and a mistrial was declared. During the course of the trial the Commonwealth proposed to offer as evidence a recording of a telephone conversation between the appellee and the prosecuting witness and a recording of a conversation between the same two while sitting in an automobile. The trial...

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