Commonwealth v. Flynn
| Decision Date | 05 December 1922 |
| Citation | 245 S.W. 503,196 Ky. 690 |
| Parties | COMMONWEALTH v. FLYNN. |
| Court | Kentucky Court of Appeals |
Appeal from Circuit Court, Campbell County.
Howard Flynn was indicted for the offense of maintaining premises where money was bet and wagered on the result of horse races. Motion to quash the indictment was sustained, and the Commonwealth appeals. Law of the case certified.
Charles I. Dawson, Atty. Gen., Thos. B. McGregor, Asst. Atty. Gen and Lawrence J. Diskin, Commonwealth's Atty., of Newport for the Commonwealth.
Blaine McLaughlin, of Newport, for appellee.
Howard Flynn was indicted by the grand jury of Campbell county for the offense of maintaining and keeping at 316 West Fourth street, in the city of Newport, a room, building and premises wherein money was bet and wagered on the result of horse races. On the calling of the case for trial Flynn moved "to quash the evidence of any officer of the Kentucky National Guard gained through an unlawful search of the premises at 316 West Fourth street, Newport, Campbell county Kentucky, or any other evidence gained through said unlawful search." In support of the motion to quash, counsel for Flynn offered, and the court admitted over the objection of commonwealth, the evidence of Roy H. Newitt, captain of the Kentucky National Guard, who testified in substance that he, accompanied by another officer and four privates, went to the premises at 316 West Fourth street in Newport. There they found a residence with a side yard located close to the street. They entered the yard and walked up the side steps, where they found a room containing seven telephones. There was no one on the premises at the time, and they had no search warrant.
On hearing the evidence of Capt. Newitt, the court sustained the motion to quash all evidence obtained through the search. Thereupon the commonwealth's...
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Hantz v. State
... ... v. United States (1921), 255 U.S. 298, 65 L.Ed. 647, ... 41 S.Ct. 261; Youman v. Commonwealth ... (1920), 189 Ky. 152, 224 S.W. 860, 13 A. L. R. 1303 ... The ... rule at common law was as above stated. It was adopted in ... 348, 259 S.W. 100; ... State v. Gotta (1924), 71 Mont. 288, 229 P ... 405; State v. Tuck (1923), 46 Nev. 328, 212 ... P. 1037; State v. Flynn (1858), 36 N.H. 64; ... People v. Adams (1903), 176 N.Y. 351, 68 ... N.E. 636, 63 L. R. A. 406, 98 Am. St. 675; Ciano v ... State (1922), 105 ... ...
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State v. Calandros, 10654
...accused cannot object to evidence obtained against him by an illegal search and seizure of the property of another person. Com. v. Flynn, 196 Ky. 690, 245 S.W. 503; State v. Laundy, 103 Or. 443, 204 P. 958, 206 P. 290; Jones v. State, 4 Ga.App. 741, 61 S.E. 133; Tsuie Shee v. Backus, 9 Cir.......
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Hantz v. State, 13609.
...a search warrant can be challenged only when offered at the trial. Commonwealth v. Meiner, 196 Ky. 840, 245 S. W. 890;Commonwealth v. Flynn, 196 Ky. 690, 245 S. W. 503;Argetakis v. State, 24 Ariz. 599, 212 P. 372;Imboden v. People, 40 Colo. 142, 90 P. 608;Lawrence v. State, 103 Md. 17, 63 A......
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State v. Henderson
... ... evidence obtained against him by an illegal search and ... seizure of the property of another person. Commonwealth ... v. Flynn, 196 Ky. 690, 245 S.W. 503; State v ... Laundy, 103 Or. 443, 204 P. 958, 206 P. 290; Jones ... v. State, 4 Ga.App. 741, 61 S.E. 133; ... ...