PENNINGTON v. COMMONWEALTH


429 S.W.2d 364 (1967)

Roy PENNINGTON, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

June 14, 1967.


Attorney(s) appearing for the Case

James C. Brock, Harlan, for appellant.

John B. Breckinridge, Atty. Gen., Frankfort, for appellee.


OSBORNE, Judge.

The appellant was convicted of possessing alcoholic beverages in local option territory for the purpose of sale and sentenced to 60 days in jail and a fine of $100. On August 11, 1966, around 11:45 p. m., appellant was arrested by a Kentucky state trooper in Harlan County, Kentucky, in the vicinity of Holmes Mill on Kentucky Highway 38.

The trooper made the arrest for operating a motor vehicle with a loud muffler. Upon approaching the vehicle...

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