Legal Opinion

Burks v. Commonwealth

Court of Appeals of Kentucky (pre-1976)

Decided October 1, 1971PublishedCited by 17 opinions

1Opinion of the Court

PALMORE, Judge.

Joseph E. Burks and Donald Miller were indicted on four counts of possession and sale of narcotics in violation of KRS 218.-020. The indictment charged that on two successive dates, October 5 and 6, 1968, they (1) unlawfully possessed and (2) unlawfully sold morphine to an unnamed person. Following a joint trial on pleas of not guilty, in which neither of the appellants testified, Miller was found guilty on all four counts and his punishment was fixed at two 10-year and two 20-year terms in the penitentiary and $80,000 in fines. Burks was found guilty on two counts and his…

2Cases cited4 opinions

  1. Roviaro v. United StatesSupreme Court of the United States · 1957
  2. Sorrentino v. United StatesCourt of Appeals for the Ninth Circuit · 1947
  3. Narberto Angelo Portomene v. United StatesCourt of Appeals for the Fifth Circuit · 1955
  4. United States v. ConfortiCourt of Appeals for the Seventh Circuit · 1953

3Cited by17 opinions

  1. Epperson v. CommonwealthKentucky Supreme Court · 1991
  2. State v. MilliganSupreme Court of New Jersey · 1976
  3. Silverburg v. CommonwealthKentucky Supreme Court · 1979
  4. Commonwealth v. EnnisMassachusetts Appeals Court · 1973
  5. State v. LamarSupreme Court of Iowa · 1973

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