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COM. v. JETER

590 S.W.2d 346 (1979)

COMMONWEALTH of Kentucky, Appellant, v. Phillip Ray JETER, Appellee.

Court of Appeals of Kentucky.

November 2, 1979.

Attorney(s) appearing for the Case

Robert F. Stephens, Atty. Gen., James L. Dickinson, Asst. Atty. Gen., Frankfort, for appellant.

J. Vincent Aprile, II, Asst. Deputy Public Advocate, Commonwealth of Kentucky, Frankfort, for amicus curiae.

Henry E. Hughes, Lexington, for appellee.

Before HAYES, C.J., and HOWARD and VANCE, JJ.

HOWARD, Judge.

Phillip Ray Jeter was indicted by the Fayette County Grand Jury on April 8, 1978. One count of the indictment alleged theft by deception, in violation of K.R.S. 514.040. The other four (4) counts alleged failure to make required disposition of property denounced under K.R.S. 514.070. After the close of the Commonwealth's case, the appellee moved for a directed verdict on all five (5) counts of the indictment. Count one (1) was dismissed by the court...

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