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BUTLER v. COMMONWEALTH, DEPARTMENT OF HIGHWAYS

387 S.W.2d 867 (1965)

James J. BUTLER, Jr., et al., Appellants, v. COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellee.

Court of Appeals of Kentucky.

March 5, 1965.

Attorney(s) appearing for the Case

Henry J. Burt, Jr., W. Howard Clay, Louisville, for appellants.

John B. Breckinridge, Atty. Gen., William A. Lamkin, Jr., Asst. Atty. Gen., Raleigh O. Jones, Dept. of Highways, Louisville, for appellee.

PALMORE, Judge.

The dispositive question on this appeal arises from the alleged misconduct of one of the jurors during the trial of a condemnation case.

On the second morning of the trial, before the Commonwealth had completed the introduction of its evidence and before any valuation witnesses had testified, the witness Lewis R. Long was permitted to appear out of order in behalf of the landowners because it was...

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