COM. v. SHELTON

Nos. 87-SC-821-DG, 88-SC-051-DG.

766 S.W.2d 628 (1989)

COMMONWEALTH of Kentucky, Movant/Cross-Respondent, v. Jerry Mac SHELTON, Respondent/Cross-Movant.

Supreme Court of Kentucky.

March 16, 1989.


Attorney(s) appearing for the Case

Frederic J. Cowan, Atty. Gen., Mark Wintersheimer, Asst. Atty. Gen., Frankfort, for movant/cross-respondent.

James Usher Glanville, Paducah, for respondent.


ANDRE BUSALD, Special Justice.

Appellee, Jerry Mac Shelton, was found guilty of possession of cocaine (KRS 218A.140), by a Hickman Circuit Court jury and was sentenced to five (5) years in prison and fined $5,000.00 on December 11, 1986. The Court of Appeals reversed on grounds that there was no probable cause to search for cocaine and that a timely motion to suppress the evidence should have been sustained.

The case is before us on a Motion and Cross Motion...

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