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GUTHRIE v. COMMONWEALTH

508 S.W.2d 40 (1974)

Wilbur GUTHRIE, Jr., Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied May 10, 1974.

Attorney(s) appearing for the Case

Anthony M. Wilhoit, Public Defender, Paul F. Isaacs, Asst. Public Defender, Frankfort, for appellant.

Ed W. Hancock, Atty Gen., Guy C. Shearer, Asst. Atty. Gen., Frankfort, for appellee.

STEINFELD, Justice.

Wilbur Guthrie, Jr., appeals from a judgment adjudicating him guilty of storehouse breaking. KRS 433.190. He claims that without a statement which he made to the sheriff while in jail there would not be any evidence on which to convict him. He contends that his arrest without a warrant occurred without probable cause and that the statement obtained while he was in jail was a "fruit of the poison tree." Guthrie relies on Ker v. California,

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