STEPHENS v. COMMONWEALTH


522 S.W.2d 181 (1975)

Ralph STEPHENS, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied May 23, 1975.


Attorney(s) appearing for the Case

Lewis A. White, White & Peck, Mt. Sterling, for appellant.

Ed W. Hancock, Atty. Gen., Victor Fox, Asst. Atty. Gen., Frankfort, for appellee.


JONES, Justice.

Ralph Stephens was convicted on a charge of dwelling-house breaking. In conformity with the jury's verdict, Stephens was sentenced to 6 years in the state penitentiary.

The record on appeal has been certified to this court pursuant to an agreed statement. RCr 12.72. Stephens presents three questions for this court's consideration. First, he contends that the magistrate of District #2, Rowan County, Kentucky, had no authority to issue a search...

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