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COM. v. WHITE

No. 98-SC-0613-C.

3 S.W.3d 353 (1999)

COMMONWEALTH of Kentucky, Appellant, v. Charles M. WHITE, Appellee.

Supreme Court of Kentucky.

October 21, 1999.

Attorney(s) appearing for the Case

A.B. Chandler, III, Attorney General, Criminal Appellate Division, Frankfort, Betty A. Springate, Special Assistant Attorney General, Lawrenceburg, for Appellant.

David B. Nutgrass, Lawrenceburg, Shannon Dupree Smith, Assistant Public Advocate, Dept. of Public Advocacy, Frankfort, for Appellee.

WINTERSHEIMER, Justice.

The question to be answered here is which statute, KRS 244.080, or KRS 530.070 should be used to prosecute employees of retail licensees for selling alcoholic beverages to minors.

In 1997, White was employed by a retail liquor licensee and was charged in district court with violating KRS 244.080, when acting as a retail licensee, he sold 36 bottles of beer to a minor. It was stipulated that White was not a retail licensee, but rather...

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