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WILLOUGHBY v. COMMONWEALTH

231 S.W.2d 79 (1950)

WILLOUGHBY v. COMMONWEALTH.

Court of Appeals of Kentucky.

June 16, 1950.

Attorney(s) appearing for the Case

Strother Kiser, Lexington, for appellant.

A. E. Funk, Atty. Gen., Walter C. Herdman, Asst. Atty. Gen., for appellee.

STANLEY, Commissioner.

The conviction is of the offense of "receiving, making, transmitting or negotiating" bets on horse races, commonly called operating a handbook, with a penalty of six months imprisonment. KRS 436.490. The appellant seeks a reversal of the judgment upon the ground that the conviction was based upon evidence procured through an unlawful search of premises in his possession. Sec. 10, Kentucky Constitution; Fourth Amendment, U. S. Constitution.<...

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