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204 Ky. 445

Mullins v. Commonwealth

Court of Appeals of Kentucky

Decided September 23, 1924

Court of Appeals of Kentucky · decided 1924-09-23

Cited by 12 later decisions — most recently December 1930

12 state decisions

Relies on Sorrels v. Commonwealth · Webb v. McCoy

Good law ✅— No negative treatment on recordhow we know

Decided 1924-09-23

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¶1Opinion op the Court by

Judge Clay

¶2— Affirming.

¶3Appellant was convicted of the unlawful possession of intoxicating liquor, and asks a reversal on the ground that the only evidence of his guilt was obtained by an illegal search of his premises.

¶4As appellant did not object to the evidence or move its exclusion, but merely requested a peremptory instruction which challenged the sufficiency of the evidence and not its admissibility, the error, if any, is not available on appeal. Elmore v. Commonwealth, 201 Ky. 427, 257 S. W. 32; Sorrels v. Commonwealth, 197 Ky. 761, 248 S. W. 205.

¶5Judgment affirmed.

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