OPINION
GARDNER, Judge:
Michael A. Harris (Harris) appeals from an order overruling a motion to dismiss an indictment against him. We vacate and remand.
On November 21, 1991, Harris presented a "Pick 3" Kentucky lottery ticket to an employee at the headquarters of the Kentucky Lottery Corporation in Louisville, Kentucky. He claimed that the ticket represented a winning combination of lottery numbers which entitled him to a $300.00 prize. Though...
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