Bowling v. Commonwealth

PALMORE, Judge.

Appellant was convicted of illegally possessing alcoholic beverages in a dry territory for purpose of sale. KRS 242.230. He was fined $20, sentenced to 60 days in jail, and placed under $1,000 peace bond for 12 months. KRS 242.990(1); KRS 242.410. His defense was that although the liquors in question were in his possession they had been bought the day before by him and his brother-in-law for personal consumption by them and their wives during a fishing trip planned for the near future. He contends that the court erred in failing to give a specific instruction on this theory of…