BELL v. COM.


566 S.W.2d 785 (1978)

Jesse Frank BELL, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied June 27, 1978.


Attorney(s) appearing for the Case

Jack Emory Farley, Public Defender, Margaret M. Allison, Asst. Public Defender,

J. Vincent Aprile, II, Asst. Deputy Public Defender, Frankfort, for appellant.

Robert F. Stephens, Atty. Gen., Martin Glazer, Asst. Atty Gen., Frankfort, for appellee.

Before HOWERTON, WILHOIT and WINTERSHEIMER, JJ.


HOWERTON, Judge.

Appellant was convicted of possessing alcoholic beverages for the purpose of sale in a dry territory. His punishment was enhanced under KRS 242.990, after proof of a prior offense. The actions were tried together without objection, and the jury fixed his punishment at 120 days in jail and a $200 fine.

On this appeal appellant first alleges that the enhancement of penalty was incorrectly given in that his first conviction was unconstitutional...

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