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SMITH v. LOWE

No. 89-SC-546-MR.

792 S.W.2d 371 (1990)

Paul SMITH, Appellant, v. Charles E. LOWE, Jr., Judge, Pike Circuit Court, Appellee.

Supreme Court of Kentucky.

June 28, 1990.

Attorney(s) appearing for the Case

Choya G. Oliver, Oliver and Oliver, Robert W. Willmott, Jr., Downing, Mathews and Willmott, Lexington, for appellant.

Frederic J. Cowan, Atty. Gen., Ian G. Sonego, Asst. Atty. Gen., Frankfort, for appellee.

ELDRED E. ADAMS, Jr., Special Justice.

The facts essential to a disposition of this appeal are not in dispute. On May 29, 1985, two coal trucks engaged in transporting coal from a mine in Canada, Pike County, Kentucky, to a tipple at Belfry, Kentucky, were ambushed near the top of Coburn Mountain in Pike County, Kentucky. One of the drivers, Hayes West, died from a shotgun wound received in the incident.

On September 2, 1987, appellant, along with several...

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