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  5. 872 S.W.2d 441 (1994)
 

COM. v. SEGO

Nos. 92-SC-1062-DG and 93-SC-305-DG.

872 S.W.2d 441 (1994)

COMMONWEALTH of Kentucky, Appellant/Cross-Appellee, v. John R. SEGO, Sr., Appellee/Cross-Appellant.

Supreme Court of Kentucky.

As Modified on Denial of Rehearing April 21, 1994.

Attorney(s) appearing for the Case

Chris Gorman, Atty. Gen., Gregory C. Fuchs, Asst. Atty. Gen., Criminal Appellate Div., Frankfort, for appellant.

J. David Niehaus, Deputy Appellate Defender of the Jefferson Dist. Public Defender, Louisville, Daniel T. Goyette, Jefferson Dist. Public Defender of counsel, for appellee.

WINTERSHEIMER, Justice.

This appeal is from a decision of the Court of Appeals which reversed a judgment of conviction against Sego for conspiracy to commit second-degree arson. He was sentenced to seven years in prison but was probated for a term of five years.

The specific issues are whether an undercover police agent can be a party to a conspiracy and whether an indicted conspirator becomes a non-conspirator by pleading guilty to a lesser charge. The Court...

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