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COM. v. PRATER

714 S.W.2d 492 (1986)

COMMONWEALTH of Kentucky, Appellant, v. Bruce PRATER, et al., Appellees.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court September 16, 1986.

Attorney(s) appearing for the Case

David L. Armstrong, Atty. Gen., Elizabeth A. Myerscough, Eileen M. Walsh, Asst. Attys. Gen., Frankfort, for appellant.

John C. Collins, Salyersville, for appellees.

Before LESTER, McDONALD and REYNOLDS, JJ.

McDONALD, Judge:

This case is on review of an order of the circuit court which prohibited the Commonwealth from playing before a jury a tape recording of the rape and complicity to rape for which the appellees/defendants1 below were indicted.

The facts we deal with are abbreviated. Bruce Prater danced with the prosecution witness, Kimberly Johnson, at the Highlander in Salyersville....

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