COM. v. VARNEY


690 S.W.2d 758 (1985)

COMMONWEALTH of Kentucky, Movant, v. Timmy Yaun VARNEY, Respondent.

Supreme Court of Kentucky.

March 21, 1985.


Attorney(s) appearing for the Case

David L. Armstrong, Atty. Gen., David K. Martin, Asst. Atty. Gen., Frankfort, for movant.

W. Sidney Trivette, Pikeville, for respondent.


LEIBSON, Justice.

The respondent was convicted of assault in the second degree. The Court of Appeals concluded that he was tried in violation of double jeopardy principles and reversed his conviction with directions to dismiss the charge. We disagree.

Respondent, Timmy Yaun Varney, was the subject of a two count indictment: Count I charging first-degree assault (KRS 508.010) and Count II charging first-degree robbery (KRS 515.020). These charges were the result...

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