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COM. v. ARNETTE

701 S.W.2d 407 (1985)

COMMONWEALTH of Kentucky, Appellant, v. Larry ARNETTE, Appellee.

Supreme Court of Kentucky.

December 19, 1985.

Attorney(s) appearing for the Case

David L. Armstrong, Atty. Gen., Frankfort, Joseph T. Bouvier, Sp. Asst. Atty. Gen., Lexington, for appellant.

J. Vincent Aprile, Asst. Public Advocate, Frankfort, for appellee.

WINTERSHEIMER, Justice.

The question to be certified is whether a district court has jurisdiction to hold a preliminary hearing on a misdemeanor and refer that misdemeanor to the grand jury if the misdemeanor is joined with a felony.

A subsidiary question is whether a double jeopardy situation is created when the district court conducts such a preliminary hearing.

Arnette was arrested and charged with sexual abuse in the first degree, a Class D felony...

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