Gover v. Wheeler

Opinion of the Court by

Chief Justice Fulton—

Affirming.

On May 7, 1942 the appellant’s store in Somerset was broken into and fifty suits of clothes were stolen. At the appellant’s instance a search warrant was issued in Johnson County and, on a search pursuant thereto, the stolen property was found on the appellee’s premises in Paintsville. The chief of police, who executed the warrant, took possession of the stolen property. The appellee was later tried and sentenced to the penitentiary for receiving stolen property.

Alleging these facts, an action was filed by the appellant against the…