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RODGERS v. COMMONWEALTH

399 S.W.2d 299 (1966)

Orville (Tood) RODGERS, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

February 11, 1966.

Attorney(s) appearing for the Case

H. K. Spear, Somerset, for appellant.

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

HILL, Judge.

Appellant seeks a reversal of his conviction and sentence of one year for the third violation of the Local Option Law. The only ground for reversal with any merit relates to the instructions given by the trial court. Instruction number one is as follows:

"If the jury believe from the evidence beyond a reasonable doubt, that the defendant, Orville (Tood) Rodgers, in Casey County, and before the finding of the indictment herein, and on or about...

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