COMMONWEALTH v. SEBASTIAN


500 S.W.2d 417 (1973)

COMMONWEALTH of Kentucky, Appellant, v. O'Neal SEBASTIAN, Appellee.

Court of Appeals of Kentucky.

October 12, 1973.


Attorney(s) appearing for the Case

Ed W. Hancock, Atty. Gen., John C. Ryan, Sp. Asst. Atty. Gen., Frankfort, for appellant.

William L. Stevens, Danville, for appellee.


GARDNER, Commissioner.

At the trial of O'Neal Sebastian, for knowingly receiving stolen property, after both sides answered ready, Sebastian moved the court to suppress the evidence obtained by a warrantless search of his house. The court sustained the motion and the case was dismissed "with prejudice." Thereupon the Commonwealth perfected an appeal for a certification of the law pursuant to KRS 21.140(3).

Two issues are involved, namely, (1) whether a wife...

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