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WALDEN v. COM.

No. 88-SC-860-MR.

805 S.W.2d 102 (1991)

Burton R. WALDEN, Appellant v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

Rehearing Denied April 11, 1991.

Attorney(s) appearing for the Case

Larry H. Marshall, Asst. Public Advocate, Dept. of Public Advocacy, Frankfort, for appellant.

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

OPINION OF THE COURT

On April 16, 1988, the appellant, Burton R. Walden, was operating his van on a two-lane country road in Madison County, at a high rate of speed, when he dropped a wheel off the pavement, lost control, crossed the center line, and struck a vehicle occupied by Vickie S. Hall, causing her death. Police found empty beer cans in the back of Walden's vehicle, and he smelled "pretty strongly" of alcohol. A blood alcohol sample drawn at a nearby emergency...

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