Commonwealth v. Lundergan

I concur with the result reached by the majority opinion but wish to express my views separately. However, I do not believe that Commonwealth v. Davis, Ky., 728 S.W.2d 532 (1987) should be overruled.

The Court of Appeals correctly reversed the judgment of conviction because the penalty provision applicable to the offense of which Lundergan was convicted does not specify whether it was a felony or a misdemeanor. When there is doubt in the construction of a penal statute, it will be resolved against a construction that would produce an extremely harsh or incongruous result. Boulder v.…