Berkshire v. Commonwealth

DAVIS, Commissioner.

Roger Berkshire was convicted of the unlawful possession of marijuana as denounced by KRS 218.020 prior to the amendments affecting the offense as enacted by the 1970 General Assembly. His punishment was fixed at confinement in the penitentiary for five years and a fine of $1,000. On this appeal he asserts that the trial court erroneously refused to suppress evidence obtained pursuant to a search warrant, because the affidavit for the search warrant was defective. As a portion of this contention, it is argued that KRS 218.245 is unconstitutional.

The judge of the Covington…