FUSTON v. COM.


721 S.W.2d 734 (1986)

John FUSTON, Jr., Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

December 19, 1986.


Attorney(s) appearing for the Case

J. Campbell Cantrill III, Georgetown, for appellant.

David L. Armstrong, Atty. Gen., Virgil W. Webb III, Asst. Atty. Gen., Frankfort, for appellee.

Before COMBS, McDONALD and WILHOIT, JJ.


WILHOIT, Judge.

John Fuston, Jr., appeals from his conviction in the Warren Circuit Court of trafficking in a Schedule I non-narcotic controlled substance for which he received a sentence of five years' imprisonment. The evidence at trial showed that acting with two codefendants, the appellant sold ten pounds of marijuana to undercover police officers.

The only question raised on appeal is whether the trial court erred in failing to give a requested instruction...

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