McRAY v. COM.


675 S.W.2d 397 (1984)

Dewayne McRAY, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied April 20, 1984.

Discretionary Review Denied by Supreme Court September 26, 1984.


Attorney(s) appearing for the Case

Elmer J. George, Philip S. George, Jr., Lebanon, for appellant.

David L. Armstrong, Atty. Gen., Robert W. Hensley, Asst. Atty. Gen., Frankfort, for appellee.

Before HAYES, Chief Judge, and GUDGEL and HOWERTON, Judges.


HOWERTON, Judge.

McRay appeals from a judgment and conviction in the Washington Circuit Court finding him guilty of cultivation of marijuana in violation of KRS 218A.140 and 218A.990(6). He was fined $3,500.00.

McRay owns a farm in Washington County consisting of approximately 100 acres. In the summer of 1982, a patch of marijuana was discovered in a wooded area on the farm. It contained over 2,000 marijuana plants, and the ground had been cultivated and fertilized...

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