Divine v. Commonwealth

Opinion op the Court by

Judge Willis

Reversing.

Buck Divine was convicted of the crime of grand larceny, and a sentence of imprisonment for a term of three years was imposed upon Mm. He has prosecuted an appeal from the judgment, insisting that error to Ms prejudice intervened at the trial. Three instances of alleged error are assigned in support of his contentions.

1. The first insistence is that certain evidence obtained by a search of appellant’s home under an invalid search warrant was inadmissible against him. It has been decided by this court that evidence obtained by a search made pursuant…