Clark v. Commonwealth

Opinion of the Court by

Morris, Commissioner—

Affirming.

Appellant convicted on a charge of breaking into a ■storehouse with felonious intent, etc., Kentucky Statutes, section 1164, and sentenced to confinement for two years, prosecutes this appeal. While several grounds for a new trial were advanced in the lower court, as the case comes before us the debated questions are considerably narrowed. The all-covering ground is that the verdict is flagrantly against the evidence. Second, that evidence obtained by witnesses by entry of Clark’s barn without .a search warrant was incompetent,, and should…