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POWELL v. COMMONWEALTH

483 S.W.2d 158 (1972)

Earl Wayne POWELL, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

June 23, 1972.

Attorney(s) appearing for the Case

Cecil C. Wilson, Wilson, Herbert, Garmon & Gillenwater, Glasgow, for appellant.

Ed W. Hancock, Atty. Gen., Jackson D. Guerrant, Asst. Atty. Gen., Frankfort, for appellee.

EDWARD P. HILL, Jr., Judge.

By this appeal, Earl Wayne Powell seeks to reverse a judgment convicting him of having in his possession for the purpose of sale 43,100 amphetamine type pills or capsules, classified as a dangerous drug and made unlawful by KRS 217.731(1) (b). This drug is defined as a dangerous drug by KRS 217.725(2) (a). His penalty was fixed at five years in prison and a fine of $5,000.

Appellant's plea for a reversal is divided into two parts...

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