Brock v. Commonwealth

The appellant was tried November 23, 1970, under an indictment containing two counts of possessing cocaine and two counts charging him with the sale of cocaine in violation of KRS 218.020.

On May 5, 1971, the appellant filed a motion under RCr 11.42 in an effort to vacate the judgment of conviction. The trial judge overruled the motion without a hearing. This appeal followed.

Appellant first argues that he was placed in double jeopardy in that possession of cocaine and the sale of cocaine constitute a single offense. The supreme court in Blockburger v. United States, 284 U.S. 299, 52 S.Ct. 180,…