COM. v. FOLEY

No. 89-SC-646-TR.

798 S.W.2d 947 (1990)

COMMONWEALTH of Kentucky, Appellant, v. F.C. "Cedar" FOLEY and Buford Murphy, Appellees.

Supreme Court of Kentucky.

Rehearing Denied December 27, 1990.


Attorney(s) appearing for the Case

Frederic J. Cowan, Atty. Gen., John S. Gillig, Ian G. Sonego, Asst. Attys. Gen., Criminal Appellate Div., Jeffrey L. Mackin, Asst. Atty. Gen., Sp. Prosecutions Div., Frankfort, for appellant.

David K. Layton, Lancaster, W. Earl Dean, Dean, Dean & Dean, Harrodsburg, for appellees.


OPINION OF THE COURT

In this case we undertake the formidable task of deciding the constitutionality of KRS 119.205. In the trial court, the indictment against appellees was dismissed on the grounds that the statute was unconstitutional and the Commonwealth appealed from that order. Upon motion of the Commonwealth, this Court granted transfer.

Appellees Foley and Murphy were indicted for conspiracy to pay money to procure or influence a vote in violation...

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