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COM. v. SIMMONS

No. 87-CA-817-MR.

753 S.W.2d 872 (1988)

COMMONWEALTH of Kentucky, Appellant, v. Bruce Wayne SIMMONS, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied July 29, 1988.

Attorney(s) appearing for the Case

David L. Armstrong, Att. Gen., Frankfort, Bruce R. Hamilton, Sp. Ass. Att. Gen., LaGrange, for appellant.

Stephen P. Durham, Appellate Public Advocate, Louisville, for appellee.

Before DYCHE, HOWARD and WEST, JJ.

DYCHE, Judge.

The Commonwealth of Kentucky appeals the order of the Oldham Circuit Court dismissing the indictment against appellee Bruce Wayne Simmons. We affirm.

Appellee Simmons was a member of a work detail sent from Roederer Farm Center in Oldham County to the Kentucky State Fairgrounds in Jefferson County on August 16, 1986. Having noticed inmate Simmons conversing with a civilian, Correctional Officer Janet Thomas proceeded to frisk Simmons, whereupon...

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