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MARCUM v. COMMONWEALTH

411 S.W.2d 462 (1967)

Wayne MARCUM, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

February 10, 1967.

Attorney(s) appearing for the Case

Fritz Krueger, Somerset, for appellant.

Robert Matthews, Atty. Gen., David Murrell, Asst. Atty. Gen., Frankfort, C. Homer Neikirk, Somerset, for appellee.

DAVIS, Commissioner.

The appellant has been convicted of violation of the local option law (KRS, Chapter 242). His punishment was fixed by the jury at a fine of $100 and confinement in jail for 60 days. KRS 242.990(1). The punishment prescribed falls within the statutory range set for a first or second offender against the local option law.

Four grounds are advanced as bases for reversal: (1) A directed verdict of acquittal should have been granted; (2) it...

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