Owsley v. Commonwealth

EDWARD P. HILL, Judge.

This appeal is from a judgment of conviction for the third violation of the Local Option Law (KRS, Chapter 242), in which appellant was meted a one-year term in Kentucky State Reformatory.

The one ground argued for reversal is that the affidavit for a search warrant, sworn to before a notary public, violates RCr 13.10, and all evidence obtained pursuant to the execution of the search warrant is incompetent and inadmissible.

RCr 13.10, in its entirety, reads as follows :

“A search warrant may be issued, upon affidavit sufficient under Section 10 of the Constitution of…