Klee v. Lair

OPINION AND ORDER

Michael Kent Klee appeals from an order of the Court of Appeals of Kentucky denying his petition for a writ of prohibition. Appellant was indicted by the Pendleton County Grand Jury for the offense of,

“Trafficking in or transferring a Schedule II, Controlled Substance, a Class C felony.”

At the conclusion of a two-day trial the court not only instructed the jury on the offense charged in the indictment but also, over objections of appellant, instructed the jury on the lesser included offense of,

“Possession of a Schedule II, Controlled Substance, a Class D felony.”

The jury…