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COMMONWEALTH v. COLONIAL STORES, INCORPORATED

350 S.W.2d 465 (1961)

COMMONWEALTH of Kentucky, Appellant, v. COLONIAL STORES, INCORPORATED, etc., Appellee.

Court of Appeals of Kentucky.

Rehearing Denied November 22, 1961.

Attorney(s) appearing for the Case

John B. Breckinridge, Atty. Gen., William F. Simpson, Asst. Atty. Gen., for appellant.

Odis W. Bertelsman, Newport, for appellee.

CULLEN, Commissioner.

The question upon which the Commonwealth seeks a certification of the law is whether the offering for sale at one time, by a retail food market, of 416 separately wrapped packages of meat, each package weighing less than the weight stamped thereon, constituted one offense or 416 offenses under KRS 363.280(4), which prescribes:

"No person shall sell, or offer or expose for sale less than the quantity he represents of any commodity, thing...

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