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  5. 959 S.W.2d 87 (1997)
 

MEREDITH v. COM.

No. 94-SC-1029-MR.

959 S.W.2d 87 (1997)

Hank MEREDITH, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

As Modified on Grant of Rehearing February 19, 1998.

Attorney(s) appearing for the Case

Julie Namkin, Assistant Public Advocate, Frankfort, for Appellant.

A.B. Chandler, III, Attorney General, Paul D. Gilbert, Assistant Attorney General, Frankfort, for Appellee.

STEPHENS, Chief Justice.

Appellant, Hank Meredith, was indicted in the Franklin Circuit Court for capital kidnapping, capital murder and rape in the first degree. Following a fifteen (15) day trial, the first degree rape charge was dismissed due to insufficient evidence and the jury was unable to reach a verdict on the remaining charges. On retrial, the jury found appellant guilty of capital kidnapping and capital murder...

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