Humphrey v. Commonwealth

CULLEN, Commissioner.

James Humphrey appeals from a judgment of the Warren Circuit Court sentencing him to a term of three years in the penitentiary pursuant to his conviction of the offense of possession of burglary tools, KRS 433.120.

The alleged tools consisted of three vending-machine keys found in Humphrey’s pocket upon a search incident to his arrest on a traffic charge in Warren County. His first ground of appeal is that the trial court erred in admitting the keys in evidence, because the arrest was not valid and the search accordingly was illegal. The same ground was raised by Humphrey…