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WAUGH v. COM.

605 S.W.2d 43 (1980)

Michael Allen WAUGH, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

August 29, 1980.

Attorney(s) appearing for the Case

Thomas F. Towles, Lexington, for appellant.

Steven L. Beshear, Atty. Gen., Robert W. Hensley, John F. Zink, Asst. Attys. Gen., Frankfort, for appellee.

Before BREETZ, HOWERTON and WHITE, JJ.

HOWERTON, Judge.

Waugh appeals his conviction and two-year sentence for possession of morphine. He presents two allegations of error.

1. The court erred in overruling his motion to dismiss the indictment on the ground that the district court's determination of no probable cause for his search and arrest was res judicata, and in overruling his objection to the relitigation of the issue of the lawfulness of the arrest. 2. The court erred in overruling...

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