NOCE v. COMMONWEALTH


405 S.W.2d 738 (1966)

Eula Mae NOCE, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

As Modified on Denial of Rehearing September 16, 1966.


Attorney(s) appearing for the Case

J. Ervin Sanders, Sanders & Redwine, Pikeville, for appellant.

Robert Matthews, Atty. Gen., David Murrell, Asst. Atty. Gen., for appellee.


MILLIKEN, Judge.

The appellant, Eula Mae Noce, was convicted of possessing alcoholic beverages for sale in local option territory, second offense, fined $200 and sentenced to 120 days in jail.

For reversal of the judgment, the appellant contends that evidence obtained by a state trooper in the search of her property should not have been admitted because the affidavit upon which the search warrant was based did not state sufficient facts "to show probable cause...

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