Wientjes v. Commonwealth

Court of Appeals of Kentucky

Wientjes v. Commonwealth

263 S.W.2d 721, 1953 Ky. LEXIS 1277

Court of Appeals of Kentucky·Decided October 2, 1953·Published

Opinion

■ PER CURIAM.

Motion for an appeal from the Jefferson Circuit Court, Criminal Branch. L. R. Curtis, Judge.

Herbert A. Wientjes, Sr., was found guilty of operating a handbook in violation of.KRS 436.440, and his punishment fixed at six months in jail and a fine of $1,000. He has filed a motion for an appeal on the grounds that the evidence was obtained by an illegal search, and that it was error for the trial judge'to examine a prospective juror in chambers and out of the presence of the panel.

We are affirming the judgment because we think the evidence was obtained by a legal search, and that the trial judge did not abuse his discretion when he examined a prospective juror in chambers and out of the presence of the panel.

Judgment affirmed.

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■ PER CURIAM.

Motion for an appeal from the Jefferson Circuit Court, Criminal Branch. L. R. Curtis, Judge.

Herbert A. Wientjes, Sr., was found guilty of operating a handbook in violation of.KRS 436.440, and his punishment fixed at six months in jail and a fine of $1,000. He has filed a motion for an appeal on the grounds that the evidence was obtained by an illegal search, and that it was error for the trial judge'to examine a prospective juror in chambers and out of the presence of the panel.

We are affirming the judgment because we think the evidence was obtained by a legal search, and that the trial judge did not abuse his discretion when he examined a prospective juror in chambers and out of the presence of the panel.

Judgment affirmed.

Wientjes v. Commonwealth, 263 S.W.2d 721, 1953 Ky. LEXIS 1277 (Ky. Ct. App. 1953).

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Opinion

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