Buchenburger v. Commonwealth

VANCE, Commissioner.

This is an appeal from a judgment sentencing appellant to confinement in the penitentiary for five years and imposing a $4,000.00 fine upon him for the offense' of unlawful possession of dangerous drugs for the purpose of sale. KRS 217.731(1) (b).

The residence of appellant was searched pursuant to a search warrant. A large quantity of marijuana and approximately seven-hundred LSD tablets were found.

This appeal questions the sufficiency of the affidavit for the search warrant and challenges the instructions which were given to the jury.

The portion of the affidavit in…