COM. v. SMITH

No. 93-CA-002827-MR.

898 S.W.2d 496 (1995)

COMMONWEALTH of Kentucky, Appellant, v. Eugene SMITH and Richard A. Roberts, Appellee.

Court of Appeals of Kentucky.

As Modified May 12, 1995.


Attorney(s) appearing for the Case

Chris Gorman, Atty. Gen., C. Lloyd Vest, II, Mary Jo Wicker, Sp. Asst. Attys. Gen., Frankfort, for appellant.

Frank W. Heft, Jr., Daniel T. Goyette, Louisville, for appellee Roberts.

Scott Wilson, Louisville, for appellee Smith.

Before HOWERTON, HUDDLESTON and JOHNSON, Judges.


JOHNSON, Judge:

This is an interlocutory appeal by the Commonwealth of Kentucky from an order of the Jefferson Circuit Court suppressing evidence seized during the search of the multiple-occupant dwelling in which the defendants resided. We vacate the order of suppression and remand.

This appeal requires the resolution of two separate issues which, while distinct, are interrelated due to the particular facts of this case. We are asked to determine whether...

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