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OSBORNE v. COM.

No. 1999-SC-0124-MR.

43 S.W.3d 234 (2001)

Larry OSBORNE, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

April 26, 2001.

Attorney(s) appearing for the Case

M. Gail Robinson, Frankfort, Timothy G. Arnold, Assistant Public Advocate, Department of Public Advocacy, Frankfort, for appellant.

A.B. Chandler, III, Attorney General, State Capitol, Frankfort, Elizabeth A. Heilman, Anitria M. Franklin, Assistant Attorneys General, Office of Attorney General, Criminal Appellate Division, Frankfort, for appellee.

COOPER, Justice.

I. FACTS.

Sometime after 12:30 a.m. on December 14, 1997, Sam and Lillian Davenport, ages 82 and 76 respectively, died in a fire that consumed their residence on highway 1804 in Whitley County, Kentucky. Forensic testing revealed the presence of an accelerant in the room where the bodies were found and on a portion of Mrs. Davenport's clothing, indicating the fire had been intentionally set. Autopsies revealed that each victim had sustained...

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