PENCE v. COM.

No. 90-CA-1723-DG.

825 S.W.2d 282 (1992)

Melvin PENCE, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court March 4, 1992.

Case Ordered Published by Supreme Court March 13, 1992.


Attorney(s) appearing for the Case

James T. Kelley, Elizabethtown, for appellant.

Frederic J. Cowan, Atty. Gen., Perry T. Ryan, Asst. Atty. Gen., Frankfort, Robert Keith Bond, Ken M. Howard, Elizabethtown, for appellee.

Before EMBERTON, HUDDLESTON and WILHOIT, JJ.


WILHOIT, Judge.

This matter is before the court on discretionary review from the Hardin Circuit Court. Two questions are raised: whether sufficient evidence was presented at trial to support the appellant's conviction for operating a motor vehicle while under the influence of alcohol (KRS 189A.010), and whether the trial court should have granted a mistrial because the jury was permitted to hear damaging hearsay testimony.

The evidence presented by the prosecution...

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