Marcum v. Commonwealth

DAVIS, Commissioner.

Appellant, Wayne Marcum was sentenced to imprisonment for one year pursuant to a jury’s verdict finding him guilty of a third violation of the local option law. KRS 242.990(1). His appeal assigns errors in his conviction: (1) the indictment was defective; (2) incompetent evidence was admitted, and in any event the evidence did not support the verdict; (3) the instructions were erroneous, and (4) the Commonwealth’s Attorney made an improper argument.

We will not detail the allegations of the indictment further than to point out that the averments in it did adequately apprise…