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RUSSELL v. COMMONWEALTH

482 S.W.2d 584 (1972)

Oscar Clay RUSSELL, Jr., Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

June 23, 1972.

Attorney(s) appearing for the Case

Gerald E. Benzinger, Harry K. Aurandt, Covington, for appellant.

Ed W. Hancock, Atty. Gen., Carl Miller, Asst. Atty. Gen., Frankfort, for appellee.

CATINNA, Commissioner.

Oscar Clay Russell, Jr., was tried pursuant to an indictment charging indecent or immoral practices with infants under fifteen years of age. Count One charged practices with Douglas Thompson on March 27, 1970; Count Two charged practices with Douglas Thompson on April 3, 1970; and Count Three charged practices with Lucy Thompson on March 21, 1970.

Count Two of the indictment was withdrawn by the prosecution at the conclusion of the Commonwealth...

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