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COMMONWEALTH v. SMITH

536 S.W.2d 457 (1976)

COMMONWEALTH of Kentucky, Appellant, v. Lacey T. SMITH, Appellee.

Supreme Court of Kentucky.

March 26, 1976.

Attorney(s) appearing for the Case

Ed W. Hancock, Atty. Gen., Carl T. Miller, Jr., Asst. Atty. Gen., Frankfort, Edwin A. Schroering, Jr., Commonwealth's Atty., 39th Judicial Dist., Louisville, for appellant.

Frank E. Haddad, Louisville, James F. Neal, Nashville, Tenn., for appellee.

STEPHENSON, Justice.

An indictment charging Lacey T. Smith with a violation of KRS 432.350 was dismissed by the trial court. The Commonwealth appeals. We affirm.

The indictment reads:

"That on or about the 20th day of December 1973, in Jefferson County, Kentucky, the above named defendant did unlawfully cause money, the sum of $5,000.00, to be given to said defendant by Schwartz and Speckter Insurance Agency for delivery to an organization known as...

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