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COM. v. SPEAKES

No. 87-SC-543-DG.

740 S.W.2d 941 (1987)

COMMONWEALTH of Kentucky, Appellant, v. William T. SPEAKES, Appellee.

Supreme Court of Kentucky.

November 25, 1987.

Attorney(s) appearing for the Case

David L. Armstrong, Atty. Gen., Michael L. Harned, Asst. Atty. Gen., Frankfort, for appellant.

Jerry Anderson, Lexington, for appellee.

WINTERSHEIMER, Justice.

This appeal is from a decision of the Court of Appeals which reversed the conviction of Speakes for conspiracy to promote gambling. He had been sentenced to five years probation and the Commonwealth was granted discretionary review.

The issues presented are whether the prosecution properly alleged and proved an overt act in furtherance of the conspiracy and whether the conspiracy merged into...

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