COM. v. WILSON


610 S.W.2d 896 (1980)

COMMONWEALTH of Kentucky, Appellant, v. Rex WILSON, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied September 12, 1980.

Discretionary Review Denied February 12, 1981.


Attorney(s) appearing for the Case

Steven L. Beshear, Atty. Gen., Nancy A. Barrickman, Asst. Atty. Gen., Frankfort, for appellant.

William F. Moore, Jr., Monticello, James A. Hicks, Albany, for appellee.

Before HAYES, C.J., and COOPER, HOWARD and WINTERSHEIMER, JJ.


HOWARD, Judge.

The issue on this appeal is the validity of a search warrant based upon an affidavit presented to the court but not filed with the clerk until after the search was accomplished. On September 2, 1978, the Wayne District Court issued a search warrant authorizing the search of a 1975 white two-door Nova. This warrant was supported by an affidavit subscribed to by policeman Rolf Richardson. The District Judge did not present the affidavit to the court clerk...

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