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COMMONWEALTH v. FANELLI

445 S.W.2d 126 (1969)

COMMONWEALTH of Kentucky, Appellant, v. R. J. FANELLI and Herbert C. Howard, Appellees.

Court of Appeals of Kentucky.

Rehearing Denied October 24, 1969.

Attorney(s) appearing for the Case

John B. Breckinridge, Atty. Gen., David Murrell, Asst. Atty. Gen., Frankfort, Edwin A. Schroering, Jr., Commonwealth Atty., Louisville, for appellant.

Daniel B. Boone, Louisville, for appellee Fanelli.

S. J. Stallings, Robert P. Hastings, Louisville, for appellee Howard.

EDWARD P. HILL, Judge.

The Commonwealth appeals from an order attempting to probate the appellees after their unsuccessful efforts to have this court reverse their judgment of conviction.

The appellees, R. J. Fanelli and Herbert C. Howard, were convicted on August 12, 1965, of violation of KRS 432.350 (taking bribes) and KRS 61.190 (receiving profit from public funds by public officers). Appellees promptly made motions for probation, which were overruled....

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