OWSLEY v. COMMONWEALTH


428 S.W.2d 199 (1968)

James H. OWSLEY, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

As Modified on Denial of Rehearing June 7, 1968.


Attorney(s) appearing for the Case

Mark E. Gormley, Versailles, for appellant.

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


EDWARD P. HILL, Judge.

This appeal is from a judgment of conviction for the third violation of the Local Option Law (KRS, Chapter 242), in which appellant was meted a one-year term in Kentucky State Reformatory.

The one ground argued for reversal is that the affidavit for a search warrant, sworn to before a notary public, violates RCr 13.10, and all evidence obtained pursuant to the execution of the search warrant is incompetent and inadmissible.

RCr...

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