Helvey v. Commonwealth

PALMORE, Judge.

Lacy Helvey was found guilty of illegally possessing alcoholic beverages in local option territory for the purpose of sale. His punishment was fixed at a $100 fine and 30 days in jail. KRS 242.230(1) and 242.-990(1). He moves for an appeal pursuant to KRS 21.140(2).

In his opening statement to the jury the attorney for the Commonwealth disclosed that the case for the prosecution would consist of proof that on January 10, 1964, a state ABC officer accompanied by a state trooper went to Helvey’s home in Pike County and bought some whiskey from him. Counsel for the defense moved…