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COMMONWEALTH v. JAMES MUNICIPAL EQUIPMENT

531 S.W.2d 517 (1975)

COMMONWEALTH of Kentucky, Appellant, v. JAMES MUNICIPAL EQUIPMENT, INC., a corporation, and Daniel James, Appellees. and COMMONWEALTH of Kentucky, Appellant, v. BATTERY DISTRIBUTING CO., a corporation, and Robert L. Fisher, Sr., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied February 6, 1976.

Attorney(s) appearing for the Case

Ed W. Hancock, Atty. Gen., Kenneth A. Howe, Jr., Asst. Atty. Gen., Frankfort, for appellant.

Adrian F. O'Bryan, Clements, O'Bryan & McDaniel, Louisville, for appellees, James Municipal Equipment, Inc., and others.

John Tim McCall, Louisville, for appellees, Battery Distributing Co., and others.

GARDNER, Commissioner.

Appellees were indicted for violating KRS 123.020, a statute concerned with contributions to political organizations by corporations. The circuit court dismissed the indictments after concluding that the prosecution was barred by the one-year statute of limitations. This court is asked to certify the law on the single question of whether the prosecution was barred by the one-year limitation statute (KRS 431.090) or whether the two-year limitation...

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