Day v. Commonwealth

REED, Judge.

Appellant was convicted of unlawful possession of alcoholic beverages in dry territory. KRS 242.230. He claims that inadmissible evidence was permitted to be considered by the jury. This evidence consisted of alcoholic beverages which were secured under authority of a search warrant. Appellant argued that the affidavit upon the basis of which the search warrant was issued did not constitute probable cause. The trial judge overruled appellant’s pretrial motion to suppress the evidence secured by virtue of the search and permitted the officer who searched pursuant to the authority…