COM. v. PEVELY

No. 87-CA-2752-MR.

759 S.W.2d 822 (1988)

COMMONWEALTH of Kentucky, Appellant, v. Virgil PEVELY, Appellee.

Court of Appeals of Kentucky.

November 4, 1988.


Attorney(s) appearing for the Case

Frederic J. Cowan, Atty. Gen., Frankfort, Eddie C. Lovelace, Sp. Asst. Atty. Gen., Albany, for appellant.

Theodore H. Lavit, James H. Abell, Lebanon, for appellee.

Before HOWERTON, C.J., and COMBS and McDONALD, JJ.


COMBS, Judge.

The Commonwealth of Kentucky has appealed from the order of the Russell Circuit Court which granted the appellee, Virgil Pevely, judgment notwithstanding the verdict. The jury had found the appellee guilty of theft by failure to make required disposition of property (KRS 514.070). The Commonwealth now argues that the motion for judgment notwithstanding the verdict was procedurally improper, and that the proof was sufficient to support the jury verdict...

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