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SHANKS v. COM.

574 S.W.2d 688 (1978)

Eldridge D. SHANKS, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

December 1, 1978.

Attorney(s) appearing for the Case

Jack Emory Farley, Public Advocate, Com. of Kentucky, Larry H. Marshall, Asst. Public Defender, Frankfort, for appellant.

Robert F. Stephens, Atty. Gen., Rodney V. Tapp, Asst. Atty. Gen., Frankfort, for appellee.

Before GANT, HOGGE and HOWERTON, JJ.

GANT, Judge.

Appellant was convicted of trafficking in heroin and sentenced to 15 years imprisonment as a persistent felony offender. His first assignment of error involves an interpretation of Article IV(e) of the Interstate Agreement on Detainers, 18 U.S.C.A. Appendix 136, 138 (1978), which is KRS 440.450, Article IV(5). This section provides as follows:

If trial is not had on any indictment, information or complaint contemplated hereby prior to the prisoner...

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