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BROWN v. COMMONWEALTH

511 S.W.2d 209 (1974)

James William BROWN, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

June 28, 1974.

Attorney(s) appearing for the Case

Anthony M. Wilhoit, Public Defender, William C. Ayer, Jr., Asst. Public Defender, Frankfort, for appellant.

Ed W. Hancock, Atty. Gen., Carl Miller, Asst. Atty. Gen., Frankfort, for appellee.

CATINNA, Commissioner.

James W. Brown was indicted for the unlawful sale of narcotics. The indictment alleged sales to David Eades, Mary Smith, and Bill Smith. The count as to Bill Smith was dismissed. The jury found Brown guilty of sales to David Eades and Mary Smith and fixed his punishment at fifteen years' confinement in the penitentiary and a $5,000 fine on each count.

Brown complains first that the court committed prejudicial error when it

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