Smith v. Commonwealth

DUNN, Judge.

Fred G. Smith appeals from his conviction in the Clay Circuit Court of the offenses of tampering with physical evidence and of possession of alcoholic beverages for sale for which he was sentenced to concurrent sentences of one year and of sixty days respectively and fined $40.00.

He raises four issues. The first is that the court erred in failing to direct a verdict of acquittal due to the lack of sufficient evidence to justify a conviction. For this proposition, he cites Howard v. Commonwealth, Ky.App., 558 S.W.2d 643 (1977), which held that the possession of *361merely five cases of…