Roberts v. Commonwealth

REED, Judge.

Homer Roberts appeals from a judgment entered in accordance with a jury verdict; he was convicted of violation of KRS 242.230 (illegal traffic in intoxicating liquor in local option territory). His sentence was one year in the penitentiary under the enhanced penalty provisions of KRS 242.990 because this was his third offense involving violation of KRS 242.-230.

Roberts appeals upon four gounds: (a) the indictment charging him with commission of the offense was defective; (b) the previous convictions on which the enhanced penalty was based were void; (c) the instructions to the…