Embry v. Commonwealth

REED, Justice.

Clarence Embry was convicted of a violation of KRS 433.290 which proscribes the knowing receipt of stolen property. He was sentenced to one year in the penitentiary. From a judgment entered in accordance with the jury’s verdict, Embry appeals and asserts three grounds for reversal. According to appellant, the affidavit, on the strength of which a search warrant was issued, was fatally deficient; the prosecution failed to prove a submissible case; the trial judge improperly instructed the jury. Our review convinces us that the search warrant was based upon probable cause and the…