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COM. v. BURNLEY

710 S.W.2d 221 (1986)

COMMONWEALTH of Kentucky, Movant, v. Stanley Lewis BURNLEY, Respondent.

Supreme Court of Kentucky.

Rehearing Denied June 12, 1986.

Attorney(s) appearing for the Case

David L. Armstrong, Atty. Gen., Frankfort, Mary D. Schoening, Joan L. Byer, Sp. Asst. Attys. Gen., Louisville, for movant.

Daniel T. Goyette, Jefferson Dist. Public Defender, J. David Niehaus, Deputy Appellate Defender of the Jefferson Dist. Public Defender, Rob Eggert, Frank W. Heft, Jr., Louisville, for respondent.

CERTIFYING THE LAW

We have granted the request of the Commonwealth to certify whether the dismissal of an indictment charging respondent with trafficking in a Schedule II narcotic, cocaine, was erroneous.

At the trial of the respondent, a laboratory analyst testified that he received an envelope from Jefferson County police, that he opened it, removed and tested the contents which he found to be cocaine, placed the remainder back in the envelope, resealed...

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