HOHNKE v. COMMONWEALTH


451 S.W.2d 162 (1970)

Susan HOHNKE, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Dissenting Opinion February 27, 1970.


Attorney(s) appearing for the Case

Roger B. Sledd, Lexington, for appellant.

John B. Breckinridge, Atty. Gen., David Murrell, Asst. Atty. Gen., Frankfort, for appellee.


DAVIS, Commissioner.

The appellant was convicted of the offense of unlawful possession of "LSD," and her punishment was fixed by the jury at confinement in the penitentiary for two years and a fine of $1. On this appeal she seeks reversal on the following grounds: (1) Possession of LSD was not unlawful in Kentucky; (2) the trial court improperly submitted to the jury the issue of the voluntariness of the appellant's consent to the seizure of the capsule containing...

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