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POWELL v. WALDEN

473 S.W.2d 147 (1971)

Eari Wayne POWELL, Petitioner, v. Cass R. WALDEN and Commonwealth of Kentucky, Respondents.

Court of Appeals of Kentucky.

November 19, 1971.

Attorney(s) appearing for the Case

Cecil C. Wilson, Wilson, Herbert, Garmon & Gillenwater, Glasgow, for petitioner.

John B. Breckinridge, Atty. Gen., George F. Rabe, Asst. Atty. Gen., Frankfort, for respondents.

GARDNER, Commissioner.

Petitioner is under indictment of the Barren Circuit Court on two counts charging illegal possession of dangerous drugs for the purpose of sale and simple illegal possession of dangerous drugs. He is asking this court to prohibit the circuit judge from proceeding with the trial. His argument is novel and without merit.

KRS 217.995(9) provides: "The circuit court shall have exclusive jurisdiction of all prosecutions under this Act, except...

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