Stewart v. Commonwealth

WADDILL, Commissioner.

Appellant was convicted of a third violation of local option laws (KRS 242.230 and 242.990) and sentenced to serve one year in prison. In seeking reversal of the conviction he contends that the trial court erred in giving certain instructions to the jury which were not authorized by the evidence.

Before reaching the merits of the arguments of the parties we must determine whether appellant has preserved the alleged error for appellate review. This preliminary question arises since appellant did not object at the time the instructions were submitted to the jury nor did he…