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COM. v. SOWELL

No. 2003-SC-0355-DG.

157 S.W.3d 616 (2005)

COMMONWEALTH of Kentucky, Appellant, v. Robert SOWELL, Appellee.

Supreme Court of Kentucky.

March 17, 2005.

Attorney(s) appearing for the Case

Gregory D. Stumbo, Attorney General of Kentucky, Criminal Appellate Division, Office of the Attorney General, Frankfort, Christopher Melton, Karl Price, Special Assistant Attorneys General, Louisville, Counsel for Appellant.

J. David Niehaus, Daniel T. Goyette, Of Counsel, Office of the Louisville Metro Public Defender, Louisville, Counsel for Appellee.

Opinion of the Court by Chief Justice LAMBERT.

KRS 500.050(2) provides that a misdemeanor prosecution must be commenced within one year after the offense is committed. A misdemeanor prosecution for assault was timely commenced against Appellee, Robert Sowell, but was dismissed without prejudice due to the inability of the Commonwealth to produce the complaining witness at trial. More than ten days after entry of the order...

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