MULBERRY v. COMMONWEALTH


408 S.W.2d 649 (1966)

Paul MULBERRY, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

November 18, 1966.


Attorney(s) appearing for the Case

Charles E. Carter, Owenton, for appellant.

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


STEWART, Judge.

Paul Mulberry, tried by a jury, was fined $325 for removing a fence from a boundary line in violation of KRS 433.770(2). He represented himself until this appeal was taken. No transcript of evidence is filed with us and no motion for a new trial was made in the trial court.

His first contention is that a fence does not constitute a monument within the meaning of KRS 433.770(2). This statutory subsection provides, in part: "Any person who willfully...

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