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JONES v. COM.

No. 91-SC-270-DG.

830 S.W.2d 877 (1992)

Roy Lee JONES, Movant, v. COMMONWEALTH of Kentucky, Respondent.

Supreme Court of Kentucky.

As Amended April 30, 1992.

Rehearing Denied June 25, 1992.

Attorney(s) appearing for the Case

C. Thomas Hectus, Mitchell L. Perry, Williams & Wagoner, Louisville, for movant.

Chris F. Gorman, Atty. Gen., Michael L. Harned, Asst. Atty. Gen., Frankfort, for respondent.

LEIBSON, Justice.

Movant, Roy Lee Jones, pled guilty to second-degree manslaughter and was sentenced to six years' imprisonment. His plea was conditional, as provided for in RCr 8.09. He reserved the right to appeal the order denying his motion to dismiss the indictment in which he argued that our manslaughter statute, KRS 507.040, does not encompass death caused by prenatal injuries. KRS 507.040 specifies that manslaughter in the second degree occurs when one "wantonly...

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