McHONE v. COM.


576 S.W.2d 242 (1978)

Cecil Ray "Tommy" McHONE a/k/a Tommy McHone, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied February 20, 1979.


Attorney(s) appearing for the Case

Nichols W. Williams, Williams & Tucker, Berea, for appellant.

Robert F. Stephens, Atty. Gen., Guy C. Shearer, Asst. Atty. Gen., Frankfort, for appellee.

Before MARTIN, C. J., and HAYES and HOWARD, JJ.


HOWARD, Judge.

Appellant, Tommy McHone, was convicted of transporting alcoholic beverages in local option territory (fourth offense) and sentenced to one year in prison. He appeals, contending that he was entitled to a directed verdict of acquittal since the evidence needed to sustain his conviction (namely, the alcoholic beverages) was obtained as the result of an illegal search. We agree.

Trooper Arnold Weddington testified that he saw the appellant, who...

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