dissenting.
I respectfully dissent from the majority opinion because KRS 527.040, the statute under which the appellant was indicted, is unconstitutional as violative of § 1(7) and § 26 of the Bill of Rights to our constitution. This renders appellant’s conviction void. I adopt my concurring opinion in Baird v. Commonwealth, Ky.App., 709 S.W.2d 458, 460 (1986).