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COM. v. COMBS

No. 2009-SC-000143-DG.

316 S.W.3d 877 (2010)

COMMONWEALTH of Kentucky, Appellant, v. Wanda COMBS, Appellee.

Supreme Court of Kentucky.

Rehearing Denied August 26, 2010.

Attorney(s) appearing for the Case

Jack Conway, Attorney General of Kentucky, James Coleman Shackelford, Assistant Attorney General, Office of Criminal Appeals, Frankfort, KY, Counsel for Appellant.

Barbara Anderson, F.J. Anderson, Lexington, KY, Counsel for Appellee.

Opinion of the Court by Chief Justice MINTON.

This case asks us to determine whether a trial court may properly instruct a jury on complicity to first-degree trafficking in a controlled substance and on first-degree trafficking in a controlled substance as the principal actor when the defendant has been formally charged with only complicity to first-degree trafficking in a controlled substance. We hold that if the evidence at trial would support a finding of guilt...

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