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COM. v. BAKER

No. 1998-CA-000935-MR.

11 S.W.3d 585 (2000)

COMMONWEALTH of Kentucky, Appellant, v. Earnestine BAKER, Appellee.

Court of Appeals of Kentucky.

January 14, 2000.

Attorney(s) appearing for the Case

A.B. Chandler III, Attorney General, Todd D. Ferguson, Assistant Attorney General Frankfort, Kentucky, for Appellant.

Mark J. Stanziano, Somerset, Kentucky, for appellee.

BEFORE: DYCHE, GARDNER and HUDDLESTON, Judges.

OPINION

HUDDLESTON, Judge:

The Commonwealth of Kentucky appeals from a Pulaski Circuit Court order dismissing with prejudice an indictment charging Earnestine Baker with six counts of assault in the second degree.

In early May 1997, Baker's two daughters, ages 14 and 16, were arguing and fighting with each other. According to Baker, after they failed to heed her verbal command to stop, she struck each of the two girls with a wooden stick....

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