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COM. v. MILES

No. 89-CA-2171-MR.

816 S.W.2d 657 (1991)

COMMONWEALTH of Kentucky, Appellant, v. Kenneth Bailey MILES, Jr., Appellee.

Court of Appeals of Kentucky.

Rehearing Denied May 19, 1991.

Discretionary Review Denied by Supreme Court November 13, 1991.

Attorney(s) appearing for the Case

Frederic J. Cowan, Atty. Gen., Frankfort, David H. McKenna, Special Asst. Atty. Gen., Louisville, for appellant.

Daniel T. Goyette, Jefferson Dist. Public Defender, Frank W. Heft, Jr., Chief Appellate Defender, Louisville, for appellee.

Before HOWERTON, WEST and WILHOIT, JJ.

WILHOIT, Judge.

This is an appeal from an order by the Jefferson Circuit Court dismissing, with prejudice, an indictment of the appellee, Kenneth Bailey Miles, Jr.

The appellee was originally indicted on March 22, 1982, on two counts of murder and assault in the first degree. He was found competent to stand trial on October 23, 1983; however, before a trial could be had, this finding was set aside, and he was adjudged incompetent to stand trial. The indictment...

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