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408 S.W.2d 203

Davis v. Commonwealth

Court of Appeals of Kentucky

Decided November 18, 1966

Court of Appeals of Kentucky · decided 1966-11-18

Relies on King v. Commonwealth · Commonwealth v. Watkins

Decided 1966-11-18

CULLEN, Commissioner.

¶1Abner J. Davis appeals from an order of the Whitley Circuit Court overruling, after a hearing, his motion under RCr 11.-42 to vacate a 1962 judgment of conviction of storehouse breaking under which he is serving a 10-year sentence.

¶2On the hearing the only two grounds for relief argued were (1) that Davis was not given a preliminary hearing and (2) that evidence obtained by an illegal search and seizure was used against him.

¶3Neither ground warranted relief. As to preliminary hearing see Watkins v. Commonwealth, Ky., 398 S.W.2d 698. As to search and seizure see King v. Commonwealth, Ky., 387 S.W.2d 582.

¶4The judgment is affirmed.

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