COMMONWEALTH v. EILERS


503 S.W.2d 724 (1973)

COMMONWEALTH of Kentucky, Appellant, v. Charles T. EILERS and George F. Eilers, Appellees.

Court of Appeals of Kentucky.

Rehearing Denied February 8, 1974.


Attorney(s) appearing for the Case

Ed W. Hancock, Atty. Gen., G. Edward James, Asst. Atty. Gen., Frankfort, for appellant.

Matthew B. Quinn, Jr., Louisville, for appellees.


STEPHENSON, Justice.

The Jefferson Circuit Court suppressed evidence obtained pursuant to a search warrant and dismissed the indictment. The Commonwealth appeals (KRS 21.140 (3)).

George Eilers and Charles Eilers were indicted by a Jefferson County grand jury on four counts charging violations of Chapter 436 of Kentucky Revised Statutes (operating a handbook, taking bets on a horse race, et cetera). The evidence was obtained by a search warrant secured by...

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