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WISE v. COM.

600 S.W.2d 470 (1978)

Stephen Edward WISE, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

August 4, 1978.

Attorney(s) appearing for the Case

David Kaplan, Kaplan, Burgess & Veth, Louisville, for appellant.

Robert F. Stephens, Atty. Gen., Carl T. Miller, Jr., Asst. Atty. Gen., Frankfort, for appellee.

Before HOWERTON, REYNOLDS and WILHOIT, JJ.

HOWERTON, Judge.

This appeal is taken from convictions for assault in the second degree and complicity in assault in the second degree. Appellant received the minimum sentence of five years on each count.

The incident occurred in Jim's Tavern in Louisville, Kentucky, on December 18, 1976. The facts resemble a shoot out from the wild west. The evidence came primarily from out-of-court statements given to police shortly after the occasion by two 19-year-old...

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