COM. v. DONOVAN


610 S.W.2d 601 (1980)

COMMONWEALTH of Kentucky, Appellant, v. Dennis M. DONOVAN, Appellee.

Supreme Court of Kentucky.

November 25, 1980.


Attorney(s) appearing for the Case

Steven L. Beshear, Atty. Gen., Michael R. Beiting, Asst. Atty. Gen., Frankfort, for appellant.

William E. Johnson, Johnson, Judy & Gaines, Frankfort, for appellee.


LUKOWSKY, Justice.

This is an appeal by the Commonwealth from a judgment of the Franklin Circuit Court which dismissed the prosecution of Dennis for the capital murder of his brother, James, prior to trial. The sole question presented is whether our opinion in King v. Venters, Ky., 596 S.W.2d 721 (1980) mandates such action. The answer is no.

After arraignment and over the objection of Dennis, the trial court entered...

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