BURKS v. COMMONWEALTH


471 S.W.2d 298 (1971)

Joseph Earl BURKS and James Donald Miller, Appellants, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

October 1, 1971.


Attorney(s) appearing for the Case

Britton P. Franklin, Louisville, for appellants.

John B. Breckinridge, Atty. Gen., Curtis L. Wilson, Asst. Atty. Gen., for appellee.


PALMORE, Judge.

Joseph E. Burks and Donald Miller were indicted on four counts of possession and sale of narcotics in violation of KRS 218.020. The indictment charged that on two successive dates, October 5 and 6, 1968, they (1) unlawfully possessed and (2) unlawfully sold morphine to an unnamed person. Following a joint trial on pleas of not guilty, in which neither of the appellants testified, Miller was found guilty on all four counts and his punishment was fixed...

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