PERRY COUNTY FISCAL COURT v. COM.


674 S.W.2d 954 (1984)

PERRY COUNTY FISCAL COURT, Appellant, v. COMMONWEALTH of Kentucky, Honorable Sidney B. Douglass, Harlow Gwinn, Department of Public Advocacy, Appellees.

Supreme Court of Kentucky.

As Modified September 13, 1984.


Attorney(s) appearing for the Case

Charles E. Allen, William Engle, II, Perry County Atty., Hazard, for appellant.

David L. Armstrong, Atty. Gen., Frankfort, Oleh Tustaniwsky, Public Advocate, Hazard, Gail Robinson, Asst. Public Advocate, J. Vincent Aprile, II, Public Advocate and General Counsel Department of Public Advocacy, Frankfort, for appellees.

Sidney B. Douglass, pro se.


OPINION OF THE COURT

This matter comes to us on appeal as a matter of right from the Court of Appeals. We adopt the following from the opinion of Judge Wilhoit as the opinion of this court and extend that opinion as indicated:

This matter is before the Court on petition of the Commonwealth to prohibit the respondent from enforcing an order by which he set the homicide trial of Harlow Gwinn for October 18, 1983, but excluded the death penalty as a possible...

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