NUGENT v. COM.


639 S.W.2d 761 (1982)

George NUGENT, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

Rehearing Denied November 2, 1982.


Attorney(s) appearing for the Case

William E. Scent, Kenneth S. Matheis, Charles R. Simons, Wyatt, Tarrant & Combs, Louisville, for appellant.

Steven L. Beshear, Atty. Gen., Eileen Walsh, Asst. Atty. Gen., Frankfort, for appellee.


OPINION OF THE COURT

George Nugent was charged by the Jefferson County Grand Jury with the September 29, 1980 intentional murder of Clark L. Kelly, III. Trial by jury was held, and, on May 16, 1981, the jury returned a verdict of guilty and recommended a sentence of 40 years imprisonment. His appeal is before us as a matter of right. We reverse.

On appeal, Nugent argues: (1) that the evidence was not sufficient to support the conviction; (2) that the trial...

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