SMITH v. COMMONWEALTH


479 S.W.2d 22 (1972)

Alvis Lee SMITH, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied May 12, 1972.


Attorney(s) appearing for the Case

Paul E. Hayes, Prestonsburg, Fred B. Redwine, Pikeville, for appellant.

John B. Breckinridge, Atty. Gen., Kenneth A. Howe, Jr., Asst. Atty. Gen., Frankfort, for appellee.


CATINNA, Commissioner.

Alvis Lee Smith was convicted of the offense of transporting alcoholic beverages for purpose of sale in dry territory. He was sentenced to sixty days in jail and fined $100.

On this appeal Smith claims that the trial court erred in admitting as evidence alcoholic beverages found in his car, a search having been made without warrant and without the consent of Smith and therefore illegal.

Smith was arrested by State Trooper Rose...

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