MILBY v. COMMONWEALTH


318 S.W.2d 55 (1958)

Dayton MILBY, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

November 14, 1958.


Attorney(s) appearing for the Case

George O. Bertram, Campbellsville, for appellant.

Jo M. Ferguson, Atty. Gen., Wm. F. Simpson, Asst. Atty. Gen., for appellee.


PER CURIAM.

This is a motion for an appeal from a judgment convicting Dayton Milby of the second offense of possessing alcoholic beverages for the purpose of sale in local option territory. The punishment imposed by the jury was a fine of $200 and a sentence of 120 days in jail.

Milby urges these grounds for reversal: (1) The affidavit for the search warrant was insufficient, so that the search was illegal and the evidence obtained thereby was inadmissible...

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