COMMONWEALTH v. OVERSTREET


252 S.W.2d 28 (1952)

COMMONWEALTH v. OVERSTREET.

Court of Appeals of Kentucky.

October 17, 1952.


Attorney(s) appearing for the Case

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

Marion Vance, Glasgow, William Yancey Handy, Cave City, Terry L. Hatchett, Glasgow, for appellee.


STEWART, Justice.

Appellant has moved for an appeal, requesting a certification of the law on this question: When a valid search warrant has been issued and a search has been made pursuant to it, and the same thereafter has been lost, destroyed or stolen, should the Commonwealth be permitted to prove by secondary or parol evidence its issuance and its contents?

The doctrine is firmly embedded in the law that where the original writing containing or constituting...

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