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263 S.W.2d 721

Wientjes v. Commonwealth

Court of Appeals of Kentucky

Decided October 2, 1953

Court of Appeals of Kentucky · decided 1953-10-02

Decided 1953-10-02

■ PER CURIAM.

¶1Motion for an appeal from the Jefferson Circuit Court, Criminal Branch. L. R. Curtis, Judge.

¶2Herbert 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.

¶3We 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.

¶4Judgment affirmed.

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