Simmons v. Commonwealth

Opinion of the Court by

Judge O’Neal

Reversing.

Appellant prosecutes this appeal from a judgment of the Barren circuit court sentencing him to one year’s confinement in the penitentiary upon a second conviction of the offense of unlawfully possessing intoxicating liquor. His sole ground of complaint is that the evidence establishing his guilt, and to which he objected and excepted when introduced, was incompetent because it was obtained by an illegal search in violation of section 10 of the Constitution of Kentucky.

Appellant’s bad reputation for bootlegging was proven by numerous witnesses of…