Bailey v. Commonwealth

I must respectfully dissent from the majority opinion because I believe the conviction of malfeasance and official misconduct as rendered by the jury were proper. The false statements were official acts and consequently subject to criminal prosecution when they were made during the fiscal court meeting over which Bailey presided in his official capacity as county judge/executive.

I am not firmly convinced that a mistake has been committed either by the jury in returning its verdict of conviction or by the Court of Appeals in affirming these convictions. Great deference should be given to the…