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ABBOTT v. COM.

No. 91-SC-368-MR.

822 S.W.2d 417 (1992)

Roy W. ABBOTT, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

January 16, 1992.

Attorney(s) appearing for the Case

Allen Button, Louisville, for appellant.

Chris Gorman, Atty. Gen., Todd D. Ferguson, Asst. Atty. Gen., Criminal Appellate Div., Frankfort, for appellee.

SPAIN, Justice.

On October 15, 1990, the McCracken County Grand Jury returned a two-count indictment against the appellant, Roy W. Abbott. The first count of the indictment stated that:

On or about the 16th day of September, 1990, in McCracken County, Kentucky, the above named Defendant [Abbott] committed First-Degree Assault upon Harlan Parrish by shooting him with a gun, against the peace and dignity of the Commonwealth of Kentucky.

The second...

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