JOHANTGEN v. COM.


571 S.W.2d 110 (1978)

Jack Virgil JOHANTGEN, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

September 8, 1978.


Attorney(s) appearing for the Case

Jack Emory Farley, Public Advocate, Com. of Ky., Frankfort, Rodney McDaniel, Asst. Public Defender, for appellant.

Robert F. Stephens, Atty. Gen., John W. Stewart, Asst. Atty. Gen., Frankfort, for appellee.

Before GANT, LESTER and VANCE, JJ.


GANT, Judge.

Appellant was convicted of possession of a controlled substance. The sole question before this Court is whether evidence seized from appellant and introduced at trial was inadmissible as being the fruit of an illegal search.1 The facts are as follows.

On October 18, 1976, a search warrant was issued commanding a search of one Daryl Driver, his car, his residence and "any other person present believed to be involved...

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