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HELVEY v. COMMONWEALTH

396 S.W.2d 780 (1965)

Lacy HELVEY, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

December 3, 1965.

Attorney(s) appearing for the Case

Francis Dale Burke, Pikeville, for appellant.

Robert Matthews, Atty. Gen., David Murrell, Asst. Atty. Gen., for appellee.

PALMORE, Judge.

Lacy Helvey was found guilty of illegally possessing alcoholic beverages in local option territory for the purpose of sale. His punishment was fixed at a $100 fine and 30 days in jail. KRS 242.230(1) and 242.990(1). He moves for an appeal pursuant to KRS 21.140(2).

In his opening statement to the jury the attorney for the Commonwealth disclosed that the case for the prosecution would consist of proof...

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