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COM. v. BAILEY

No. 1999-SC-1004-DG.

71 S.W.3d 73 (2002)

COMMONWEALTH of Kentucky, Appellant, v. James BAILEY, Appellee.

Supreme Court of Kentucky.

As Amended April 29, 2002.

Attorney(s) appearing for the Case

A.B. Chandler, III, Attorney General, Dennis W. Shepherd, Office of Attorney General, Criminal Appellant Division, Frankfort, Jay A. Wethington, Owensboro, Counsel for Appellant.

Ben S. Fletcher, III, Fletcher, Cotthoff & Willen, Hopkinsville, Counsel for Appellee.

KELLER, Justice.

I. ISSUE

After a jury found Appellee guilty of a felony offense, the trial court granted him a new trial. The Commonwealth appealed from the trial court's new trial order and asked the Court of Appeals to reinstate the jury's verdict. The Court of Appeals held that the Commonwealth could not obtain the relief it requested because the Commonwealth could appeal from a new trial order only for the purpose of certifying the law. Accordingly...

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