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  5. 740 S.W.2d 159 (1986)
 

SINGLETON v. COM.

No. 85-CA-2222-DG.

740 S.W.2d 159 (1986)

Carroll SINGLETON, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Discretionary Review Granted by Supreme Court March 4, 1987.

Supreme Court Opinion and Order Vacating Order Granting Discretionary Review and Remanding to Court of Appeals July 2, 1987.

Attorney(s) appearing for the Case

J. James Rogan, Rogan & Hibberd, PSC, Danville, for appellant.

David L. Armstrong, Atty. Gen., David W. Mossbrook, Asst. Atty. Gen., Frankfort, for appellee.

Before CLAYTON, LESTER and MILLER, JJ.

MILLER, Judge.

On November 9, 1984, appellant was cited by an officer of the Department of Fish and Wildlife Conservation for violating KRS 150.390(2). The citation charged "spotlighting" or "jacklighting" wildlife (deer and rabbit). More specifically, the complaint charged "spotlighting w/gun in possession." Upon a plea of not guilty, appellant was tried by a district court jury on March 15, 1985. Appellant maintained that at the time and place of his citation he...

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