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SPEARS v. COMMONWEALTH

462 S.W.2d 931 (1971)

Lawrence Fats SPEARS, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

January 22, 1971.

Attorney(s) appearing for the Case

H. K. Spear, Joseph A. Montgomery, Somerset, for appellant.

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

REED, Judge.

Lawrence "Fats" Spears is again enmeshed in the toils of the law. A jury convicted him of violation of KRS 242.230 (illegal traffic in intoxicating liquor in local option territory). The penalty the jury assessed was two years in the penitentiary. The penalty was permissible under KRS 242.990(1) since the Commonwealth charged Spears with two previous convictions of violation of the same statute and this was his third offense.

This appeal by Spears...

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