PATRICK v. COMMONWEALTH


238 S.W.2d 1006 (1951)

PATRICK v. COMMONWEALTH.

Court of Appeals of Kentucky.

April 17, 1951.


Attorney(s) appearing for the Case

Marcus Mann, and Mann & Mann, Salyersville, for appellant.

A. E. Funk, Atty. Gen., Guy L. Dickinson, Asst. Atty. Gen., for appellee.


VAN SANT, Commissioner.

Since appellant's conviction of having whiskey in his possession for the purpose of sale in Local Option Territory is supported only by evidence obtained upon a search of his automobile pursuant to a warrant of arrest, the judgment must be reversed if appellant is correct in his contention that the warrant of arrest was invalid.

In Harvey v. Commonwealth, 226 Ky. 36, 10 S.W.2d 471 we held that the provisions of Section 10 of our Constitution...

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