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206 Ky. 286

Scott v. Commonwealth

Court of Appeals of Kentucky

Decided December 19, 1924

Court of Appeals of Kentucky · decided 1924-12-19

Cited by 11 later decisions — most recently December 1930

11 state decisions

Relies on Tyrrell Rice Milling Co. v. Baskin · Mullins v. Commonwealth

Good law ✅— No negative treatment on recordhow we know

Decided 1924-12-19

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¶1Opinion of the Court by

Judge Dietzman

¶2Affirming.

¶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 person. The appellant did not object to this evidence when it was introduced, or move its exclusion after it had been introduced, but merely requested, at the close of the Commonwealth’s case and at the close of the whole case, a peremptory instruction. It is settled that such a motion challenges tbe sufficiency of the evidence and not its admissibility. Therefore, the error, if any, in this case is not available on appeal. Mullins v. Commonwealth, 204 Ky. 445, 264 S. W. 1048.

¶4Judgment affirmed.

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