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COM. v. SCHUMACHER

566 S.W.2d 762 (1978)

COMMONWEALTH of Kentucky, Appellant, v. Donald C. SCHUMACHER, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied June 16, 1978.

Attorney(s) appearing for the Case

David L. Armstrong, Commonwealth's Atty., by Steven B. Strepey, Asst. Commonwealth's Atty., 30th Judicial Dist. of Kentucky, Louisville, for appellant.

Edwin E. Schottenstein, McCrea & Schottenstein, Louisville, for appellee.

Before COOPER, HAYES and HOWERTON, JJ.

HAYES, Judge.

This appeal is from an order of the Jefferson Circuit Court, dismissing an indictment against the defendant-appellee, Donald C. Schumacher, for violations of KRS 516.040, third degree forgery. The appellant, Commonwealth of Kentucky, urges this court to reverse the lower court because Schumacher's alleged illegal activity did constitute the crime of forgery in the third degree, whereas the appellee Schumacher argues this appeal should fail because the...

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