Childers v. Commonwealth

SIMS, Judge.

J. E. Childers was convicted of grand larceny and was sentenced to one year in the penitentiary. On this appeal he insists the court erred: 1. In admitting evidence against him which was obtained by an illegal search of his car; 2. there was no evidence of the corpus delicti.

Two officers, Banner Hill and Charles Cantrell, about midnight on October 23, 1954, saw a car coming down Hopkins Fork upon which is located the mine of the Semet Solvay Coal Company and is the only road leading from the mine. The car had no tail-light and the officers arrested the driver. When the car was…