Arnold v. Commonwealth

PALMORE, Judge.

Lawrence Arnold was tried, convicted and given a $100 fine and 60 days in jail on an indictment for illegal possession of intoxicating liquor in dry territory for purpose of sale. KRS 242.230(1), 242.990(1). His grounds for reversal on this appeal are (1) that he was denied due process because the judge who tried the case had prepared the affidavit for- and issued the search warrant through which the principal evidence for the prosecution was obtained, and (2) that the search was illegal.

It is unnecessary to consider at length the second of these points, because at no time…