Spencer v. Commonwealth

STEWART, Judge.

James Spencer was convicted of the offense of selling alcoholic beverages in dry territory in violation of ICRS 242.230(1), and his punishment was fixed at a fine of $100 and 60 days in jail.

He moves for an appeal from the judgment entered. None of the grounds he urges for reversal has any merit except one, namely, that the Commonwealth presented no evidence to the effect that Breathitt County, where the criminal act was allegedly committed, was dry territory at the time of the commission of the offense.

A careful reading of the record in this case reveals no evidence was…