COM. v. BERTRAM


596 S.W.2d 379 (1980)

COMMONWEALTH of Kentucky, Appellant, v. E. G. BERTRAM III, Appellee.

Court of Appeals of Kentucky.

March 14, 1980.


Attorney(s) appearing for the Case

Sam E. Isaacs II, Asst. Atty. Gen., Steven L. Beshear, Atty. Gen., Frankfort, for appellant.

William F. Moore, Jr., R. B. Bertram, David C. Hull, Gordon T. Germain, Bertram, Moore, Hull & Germain, Monticello, for appellee.

Before GUDGEL, HOWARD, and WILHOIT, JJ.


WILHOIT, Judge.

This is an appeal by the Commonwealth from an order of the Wayne Circuit Court suppressing certain evidence seized by law enforcement officers in the course of a search of the cabin and yard owned by the father of the appellee, E. G. Bertram III. The search was made pursuant to a warrant issued by the clerk of the Wayne Circuit Court under the authority of KRS 15.725(4).

The Commonwealth concedes that the search warrant was defective; however...

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