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GROSS v. COMMONWEALTH

288 S.W.2d 353 (1956)

Don GROSS, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Dissenting Opinion March 23, 1956.

Attorney(s) appearing for the Case

Walter B. Smith, Louisville, for appellant.

J. D. Buckman, Jr., Atty. Gen., William F. Simpson, Asst. Atty. Gen., for appellee.

HOGG, Judge.

Don Gross appeals from a judgment of the Fayette Circuit Court wherein he was convicted under a warrant charging him with the offense of selling beer without a license, in violation of KRS 243.040, and his punishment fixed at a fine of $200 and imprisonment in the county jail for a period of six months. He was first convicted in a justice of the peace court and had appealed to the circuit court. As grounds for reversal, he urges (1) the court was without...

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