SMALLWOOD v. COMMONWEALTH


349 S.W.2d 830 (1961)

Ellhu SMALLWOOD, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

September 29, 1961.


Attorney(s) appearing for the Case

J. K. Beasley, Harlan, for appellant.

John B. Breckinridge, Atty. Gen., William F. Simpson, Asst. Atty. Gen., for appellee.


CULLEN, Commissioner.

Elihu Smallwood was convicted of housebreaking and sentenced to a term of two years' imprisonment in the penitentiary. He appeals from the judgment.

In the execution of a search warrant certain articles stolen from the dwelling house charged to have been broken into by the defendant were found in the defendant's home. On the trial, evidence concerning the finding of these articles was admitted over the defendant's objection that the evidence...

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