Commonwealth v. Brinkley

WILLIAMS, Judge.

The appellee, Thomas Brinkley, was indicted for obtaining money under false pretenses. Trial was had in the Christian Circuit Court, the jury could not agree, and a mistrial was declared. During the course of the trial the Commonwealth proposed to offer as evidence a recording of a telephone conversation between the appellee and the prosecuting witness and a recording of a conversation between the same two while sitting in an automobile. The trial court refused to permit the introduction of those recordings as evidence.

By this appeal the Commonwealth seeks a certification of…