SMITH v. COMMONWEALTH


467 S.W.2d 606 (1971)

Steve SMITH and Ashland Joseph, Appellants, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

May 14, 1971.


Attorney(s) appearing for the Case

James A. Knight, Hazelrigg & Knight, Paintsville, for appellants.

John B. Breckinridge, Atty. Gen., David E. Murrell, Asst. Atty. Gen., Frankfort, for appellee.


CLAY, Commissioner.

Appellants were convicted of possessing alcoholic beverages in local option territory for the purpose of sale, and were each fined $100 and given 30 days in jail.

The sheriff of Magoffin County stopped a truck in which appellants were riding early one morning when it was observed weaving on the highway. Smith was driving. Without making a search, the sheriff and his deputy observed that the truck contained many cases of beer. Appellants...

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