COM. v. COOK

No. 87-SC-93-DG.

739 S.W.2d 541 (1987)

COMMONWEALTH of Kentucky, Appellant, v. Floyd COOK, Appellee.

Supreme Court of Kentucky.

November 5, 1987.


Attorney(s) appearing for the Case

David L. Armstrong, Atty. Gen., Cicely Jaracz Lambert, Asst. Atty. Gen., Frankfort, for appellant.

Randall L. Wheeler, Asst. Public Advocate, Dept. of Public Advocacy, Frankfort, for appellee.


WINTERSHEIMER, Justice.

This appeal is from a decision of the Court of Appeals which reversed the first-degree riot conviction of Cook on the ground of double jeopardy.

The issue is whether the convictions of Cook for first-degree riot and second-degree assault constitute double jeopardy.

The Court of Appeals affirmed the second-degree assault conviction but reversed the first-degree riot conviction on the basis that the same physical injury used to...

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