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COM. v. BENHAM

No. 90-SC-755-DG.

816 S.W.2d 186 (1991)

COMMONWEALTH of Kentucky, Appellant, v. Herbert D. BENHAM, Appellee.

Supreme Court of Kentucky.

September 26, 1991.

Attorney(s) appearing for the Case

Frederic J. Cowan, Atty. Gen., Carol C. Ullerich, Asst. Atty. Gen., Criminal Appellate Div., Frankfort, for appellant.

Teresa Ann Isaac, Lexington, for appellee.

WINTERSHEIMER, Justice.

This appeal is from a decision of the Court of Appeals which had reversed a judgment of conviction because the circuit judge refused to grant a directed verdict of acquittal.

The issue is whether the Court of Appeals correctly applied the standard for review of a denial of a directed verdict as announced in Commonwealth v. Sawhill, Ky., 660 S.W.2d 3 (1983).

Benham was convicted of second...

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