Willoughby v. Commonwealth

Stanley, Commissioner

Reversing.

The conviction is of the offense of “receiving, making, transmitting or negotiating” bets on horse races, commonly called operating a handbook, with a penalty of six months imprisonment. KRS 436.490. The appellant seeks a reversal of the judgment upon the ground *292that the conviction was based upon evidence procured through an unlawful search of premises in his possession. Sec. 10, Kentucky Constitution; Fourth Amendment, U. S. Constitution.

Police officers Hoskins and Hale received information that a handbook was being operated at 112 South Mill Street in…