Shirley v. Commonwealth

Court of Appeals of Kentucky

Shirley v. Commonwealth

293 S.W.2d 636

DecidedSeptember 14, 1956

StatusPublished

This text of 293 S.W.2d 636 (Shirley v. Commonwealth) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Shirley v. Commonwealth, 293 S.W.2d 636 (Ky. Ct. App. 1956).

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Opinion

PER CURIAM.

Appellant, Betty Lou Shirley, was convicted in the Oldham Circuit Court of the offense of keeping alcoholic beverages for the purpose of sale in dry territory in violation of KRS 242.230(1), and her punishment was fixed by the jury at $50 fine and thirty days in jail. She has moved this court to grant her an appeal and urges reversal upon the sole ground that the search of the premises of her restaurant was illegal and the evidence obtained by the search inadmissible because the search warrant was issued upon an insufficient affidavit.

We have examined the affidavit and find it sufficient under the authority of the following cases: Commonwealth v. Thomas, 225 Ky. 603, 9 S.W.2d 719; Commonwealth v. Elliott, 305 Ky. 554, 204 S.W.2d 948.

The judgment is affirmed.

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PER CURIAM.

Appellant, Betty Lou Shirley, was convicted in the Oldham Circuit Court of the offense of keeping alcoholic beverages for the purpose of sale in dry territory in violation of KRS 242.230(1), and her punishment was fixed by the jury at $50 fine and thirty days in jail. She has moved this court to grant her an appeal and urges reversal upon the sole ground that the search of the premises of her restaurant was illegal and the evidence obtained by the search inadmissible because the search warrant was issued upon an insufficient affidavit.

We have examined the affidavit and find it sufficient under the authority of the following cases: Commonwealth v. Thomas, 225 Ky. 603, 9 S.W.2d 719; Commonwealth v. Elliott, 305 Ky. 554, 204 S.W.2d 948.

The judgment is affirmed.

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293 S.W.2d 636, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shirley-v-commonwealth-kyctapp-1956.

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