Yates v. Commonwealth

WADDILL, Commissioner.

Appellant, Harold Yates, was convicted of the illegal sale of alcoholic beverages (KRS 242.230), fined $100 and sentenced to confinement in the county jail for a period of 60 days. On this appeal he contends that the verdict is contrary to the evidence because the testimony of the only witness implicating him in the sale was so weakened on cross-examination that it had no probative value.

The prosecuting witness, an agent of the Alcoholic Beverage Control Board, testified that he purchased whiskey in Floyd County from appellant. He positively identified appellant as the…