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McBEATH v. COM.

No. 2004-SC-001092-MR.

244 S.W.3d 22 (2007)

Roger L. McBEATH, Jr., Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

Order Granting Motion to Publish February 21, 2008.

Attorney(s) appearing for the Case

Damon L. Preston, Assistant Public Advocate, Department of Public Advocacy, Frankfort, KY, Counsel for. Appellant.

Gregory D. Stumbo, Attorney General of Kentucky, Bryan D. Morrow, Assistant Attorney General, Frankfort, KY, Counsel for Appellee.

Opinion of the Court by Justice LAMBERT.

Appellant Roger McBeath was convicted of murder and tampering with physical evidence following a jury trial hi the Scott Circuit Court. He was sentenced to life imprisonment. He appeals to this court as a matter of right.

On the night of January 7, 2004, the body of Ashley Lyons was found in her car, in the Scott County Park. Ashley was shot three times in the neck and head. The car was running, with the heater and...

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