COM. v. SWIFT

No. 2006-SC-000155-DG.

237 S.W.3d 193 (2007)

COMMONWEALTH of Kentucky, Appellant v. Anthony Wayne SWIFT, Appellee.

Supreme Court of Kentucky.

November 1, 2007.


Attorney(s) appearing for the Case

Gregory D. Stumbo, Attorney General of Kentucky, Samuel J. Floyd, Jr., Assistant Attorney General, Frankfort, KY, Counsel for Appellant.

Albert William Barber, III, Owensboro, KY, Counsel for Appellee.


Opinion of the Court by Justice MINTON.

We granted discretionary review to determine the propriety of the Court of Appeals' decision that Anthony Wayne Swift's cultivation of marijuana conviction must be reversed because the trial court failed to give an instruction on the lesser-included offense of possession of marijuana. Because we agree with the Court of Appeals that the trial court erred by failing to give the possession of marijuana instruction, we affirm.<...

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