Embry v. Commonwealth

DAVIS, Commissioner.

Shelby “Cotton” Embry was tried before a jury in the Muhlenberg Quarterly Court on a charge of selling alcoholic beverages in local option territory as denounced by KRS 242.230. The jury returned a verdict in that proceeding as follows: “We find the defendant guilty and fix his punishment at fine of none and thirty days in jail.” The verdict was duly signed by the foreman of the jury.

KRS 242.990(1) provides that the penalty for a violation of KRS 242.230 upon a first conviction shall be fixed at a fine of “ * * * not less than twenty nor more than one hundred dollars and,…