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CLARK v. COMMONWEALTH

388 S.W.2d 622 (1965)

Herbert CLARK, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Dissenting Opinion March 26, 1965.

Attorney(s) appearing for the Case

John J. Tribell, William S. Tribell, Middlesboro, for appellant.

Robert Matthews, Atty. Gen., David Murrell, Ass't Atty. Gen., Frankfort, for appellee.

STEWART, Judge.

Herbert Clark, charged with transporting alcoholic beverages for sale in local option territory, under KRS 242.260, was found guilty and fined $100 and sentenced to 30 days in jail. See KRS 242.990(1). He appeals.

There must be a reversal of the judgment in this case for the reason shown hereinafter, with the result that another trial will likely be had. Aside from the error assigned upon which our reversal is based, it is urged the indictment...

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