Perkins v. Commonwealth

PALMORE, Judge.

The appellants, Perkins, Owens and Barnett, were jointly indicted for and con*917victed. of illegally possessing alcoholic beverages in dry territory. KIRS 242.230. Each was fined $100, sentenced to 60 days in jail, and placed under a $1,000 peace bond for a period of 12 months. KRS 242.410 and 242.990. They appeal by notice and motion as authorized by KRS 21.-140(2) and RCr 12.52.

The ground on which we sustain the motion and reverse the judgment is that incriminating evidence introduced at the trial had been obtained by means of an illegal search. Const. § 10.

The search was made…