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SHADOWEN v. COM.

No. 2000-SC-0681-DG.

82 S.W.3d 896 (2002)

Melvin Wilson SHADOWEN, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

August 22, 2002.

Attorney(s) appearing for the Case

Russell D. Dougherty, Elizabethtown, for Appellant.

A.B. Chandler III, Attorney General of Kentucky, Frankfort, Irv Maze, Jefferson County Attorney, Karl Price, Assistant Jefferson County Attorney, Louisville, for Appellee.

LAMBERT, Chief Justice.

RCr 10.06 provides that a motion for a new trial shall be served not later than five days after return of the verdict. RCr 1.10(a) provides that when the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation. The issue here is whether Appellant's motion for a new trial was timely served as required by RCr 10.06(1) when the verdict was returned on...

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