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ROBERTS v. COMMONWEALTH

467 S.W.2d 121 (1971)

Homer ROBERTS, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied June 11, 1971.

Attorney(s) appearing for the Case

Denver Adams, Hyden, for appellant.

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

REED, Judge.

Homer Roberts appeals from a judgment entered in accordance with a jury verdict; he was convicted of violation of KRS 242.230 (illegal traffic in intoxicating liquor in local option territory). His sentence was one year in the penitentiary under the enhanced penalty provisions of KRS 242.990 because this was his third offense involving violation of KRS 242.230.

Roberts appeals upon four gounds: (a) the indictment charging him with commission of...

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