Helton v. Commonwealth

• Citation: 195 Ky. 678,243 S.W. 918
• Parties: HELTON v. COMMONWEALTH.
• Decision Date: 22 September 1922
• Court: Court of Appeals of Kentucky

243 S.W. 918

195 Ky. 678

HELTON v. COMMONWEALTH.

Court of Appeals of Kentucky.

September 22, 1922

Appeal from Circuit Court, Harlan County.

David Helton was convicted of unlawfully transporting intoxicating liquor, and he appeals. Reversed, with directions.

J. B Miniard, of Harlan, for appellant.

Charles I. Dawson, Atty. Gen., and Thos. B. McGregor, Asst. Atty Gen., for the Commonwealth.

TURNER C.

Appellant was indicted in the Harlan circuit court, charged with the offense of unlawfully transporting intoxicating liquors, and upon his trial was convicted. The only question raised on this appeal is the competency of the evidence upon which he was convicted.

Only two witnesses were introduced for the commonwealth and none for the defendant, and the commonwealth's evidence shows that about Christmas, 1921, a deputy sheriff of Harlan county, with two or three others, were watching out for persons who might be transporting liquor; that they met appellant on the public highway, and he had something tied up in an apron, whereupon he was arrested, and there was found wrapped up in the apron a quart jar of whisky and another quart jar in his pocket; that the arresting party did not know what he had, until after he was arrested and searched and none of them had a warrant for his arrest, or a search warrant to authorize the search of his person, and that he had not, in the presence of the deputy sheriff, or any of them, violated any law; that defendant protested when he was arrested, and demanded of the sheriff to show his authority but the sheriff had none, but arrested and searched him; that appellant was taken before a justice of the peace, who issued a warrant against him for transporting liquor, and poured the liquor out, and held him to answer to the circuit court.

Section 10 of the Constitution of Kentucky provides:

"The people shall be secure in their persons, houses, papers and possessions from unreasonable search and seizure; and no warrant shall issue to search any place, or seize any person or thing, without describing them as nearly as may be, nor without probable cause supported by oath or affirmation."

Under this section this court has recently in two exhaustive opinions held that no search of the person or personal baggage or personal belongings, or seizure of articles found on such person, is authorized by law without a search warrant, unless and until the offender has...