Risby v. Commonwealth

CULLEN, Commissioner.

Otis Risby was found guilty of breaking into a dwelling house with intent to steal and was sentenced to ten years in the penitentiary. His main contention, on appeal to this Court, is that certain evidence obtained as a result of searches and seizures of his baggage was inadmissible because the affidavits for the searches and seizures were insufficient, and because the information which led to the discovery of the baggage was obtained from him involuntarily after he had been illegally arrested.

The home of ■, Hattie Marks, in Paducah, was broken into on Saturday, March 26,…