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GILBERT v. COMMONWEALTH

325 S.W.2d 319 (1959)

Birchel GILBERT, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

June 19, 1959.

Attorney(s) appearing for the Case

J. B. Campbell, Carlos B. Pope, Barbourville, for appellant.

Jo M. Ferguson, Atty. Gen., Wm. F. Simpson, Asst. Atty. Gen., for appellee.

STEWART, Judge.

Birchel Gilbert was convicted of the offense of having in his possession for sale a large quantity of alcoholic "canned heat". The punishment imposed by the jury was a fine of $100 and 30 days to be served in jail.

He moves for an appeal, urging several grounds for reversal, one of which has merit, namely, that the lower court erred in overruling the demurrer to the indictment.

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