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WOMBLES v. COMMONWEALTH

328 S.W.2d 146 (1959)

James WOMBLES, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

October 9, 1959.

Attorney(s) appearing for the Case

S. M. Ward, Harold Garland Wells, Hazard, for appellant.

Jo M. Ferguson, Atty. Gen., Earle V. Powell, Asst. Atty. Gen., for appellee.

STEWART, Judge.

James Wombles moves for an appeal from a judgment convicting him of the offense of violating the terms and conditions of KRS 350.060(1) by engaging in strip mining without first having obtained a permit to do so from the Department of Conservation. A fine of $500 was assessed against him.

A reversal of the judgment is urged upon the grounds: (a) That the indictment did not allege a public offense; (b) that, if the indictment did properly charge...

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