Colley v. Commonwealth

Court of Appeals of Kentucky (pre-1976)

Decided January 11, 1927

Court of Appeals of Kentucky (pre-1976) · decided 1927-01-11

Relies on Craft v. Commonwealth · Adams v. Commonwealth

Good law ✅— No negative treatment on recordhow we know

Decided 1927-01-11

How this case has been cited

Cited by 9 later decisions — most recently March 1968

2 federal appellate · 7 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1 Opinion of the Court by

Chief Justice Clay —

¶2 Reversing.

¶3 This is an appeal from a judgment convicting appellant of possessing intoxicating liquor.

¶4 The officers were on the premises actually engaged in a search, and at least one of them was in appellant’s house when the liquor was discovered. They claimed to have acted under a federal search warrant, but, though the production of the warrant was demanded, they did not produce it, or account for its absence, and prove its contents. That being true, the evidence obtained by the search was inadmissible, and appellant’s objection thereto should have been sustained. Craft v. Commonwealth, 196 Ky. 277, 244 S. W. 696; Adams v. Commonwealth, 197 Ky. 235, 246 S. W. 788.

¶5 This conclusion makes it unnecessary to consider the other questions raised.

¶6 Judgment reversed and cause’remanded for a new trial not inconsistent with this opinion.