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HAY v. COMMONWEALTH

432 S.W.2d 641 (1968)

John HAY, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

October 11, 1968.

Attorney(s) appearing for the Case

J. D. Atkinson, Jr., Atkinson & Atkinson, Greenup, for appellant.

John B. Breckinridge, Atty. Gen., David Murrell, Asst. Atty. Gen., Frankfort, Jack R. Kibbey, Commonwealth's Atty., Vanceburg, for appellee.

STEINFELD, Judge.

John Hay was found guilty of violating KRS 242.230, which prohibited possessing alcoholic beverages for sale in dry local option territory. He appeals. We reverse.

A police officer in the City of Greenup, Kentucky, arrested a young man "for drinking beer on the outside" of the Youth Center. The young man implored the officer not to put him in jail. The officer inquired as to where the young man had purchased the beer whereupon he said: "I...

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