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NICKELL v. COMMONWEALTH

285 S.W.2d 495 (1955)

Wendall Ray NICKELL, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied January 27, 1956.

Attorney(s) appearing for the Case

Tom P. Senff, Mt. Sterling, for appellant.

J. D. Buckman, Jr., Atty. Gen., Wm. F. Simpson, Asst. Atty. Gen., for appellee.

STANLEY, Commissioner.

Two police officers of Mt. Sterling received a call to go to the "Knot Hole" in that city because "a bunch of drunks" were there. On arrival they saw Wendall Ray Nickell staggering drunk. He sat down and one or the other of the officers (they testified) told him that he was under arrest and that he would have to come with them. The defendant testified they jerked him up and said, "Wendall, let's go." They lifted him up and searched him. He had...

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