HARRIS v. COM.

No. 92-CA-002240-MR.

878 S.W.2d 801 (1994)

Michael A. HARRIS, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied and Case Ordered Published by Supreme Court June 15, 1994.


Attorney(s) appearing for the Case

Bruce P. Hackett, Louisville, for appellant.

Chris Gorman, Atty. Gen., J. Gerald Henry, Asst. Atty. Gen., Frankfort, for appellee.

Before GARDNER, HOWERTON and McDONALD, JJ.


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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