Risby v. Com.
| Decision Date | 02 December 1955 |
| Citation | 284 S.W.2d 686 |
| Parties | Otis RISBY, Appellant, v. COMMONWEALTH of Kentucky, Appellee. |
| Court | United States State Supreme Court — District of Kentucky |
Richard R. Bryan, Charles W. Runyan, Paducah, for appellant.
J. D. Buckman, Jr., Atty. Gen., Wm. F. Simpson, Asst. Atty. Gen., for appellee.
CULLEN, Commissioner.
Otis Risby was found guilty of breaking into a dwelling house with intent to steal and was sentenced to ten years in the penitentiary. His main contention, on appeal to this Court, is that certain evidence obtained as a result of searches and seizures of his baggage was inadmissible because the affidavits for the searches and seizures were insufficient, and because the information which led to the discovery of the baggage was obtained from him involuntarily after he had been illegally arrested.
The home of Hattie Marks, in Paducah, was broken into on Saturday, March 26, 1955. Hattie, a recluse, had chosen to keep her life savings hidden under a mattress in her bedroom. At the trial she was unable to state the exact amount but estimated that it was between two and three thousand dollars. However, she was able to testify that her savings were made up of small bills, with the exception of one $100 bill. She testified that the money was gone after the robber left.
Tilghman Tade, a city detective, testified that he had investigated the break-in at the home of Miss Hattie. He further testified that the following Monday after the break-in, he received information that Risby, who had a long criminal record, was spending large amounts of money around town. A search was commenced for Risby, and he was apprehended at the bus station that same evening. He was arrested and a search of his person revealed a bus ticket to California, a pistol, a pocket knife and $122.05 in cash.
After the arrest Risby was questioned. Through the questioning it was learned, by direct information from the accused, that he had expressed several pieces of luggage and a tin box containing money to a certain point in California. He later gave the officer the receipt for the shipment which he had received from the express company. The shipment was traced and found to be in St. Louis, en route to California. Thereupon the officer went to St. Louis and obtained a search warrant from a St. Louis court and searched the baggage. The search revealed a tin box containing a sum slightly over $3,000, made up of small bills and one $100 bill. The baggage, including the money, was sealed and sent on to...
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Crawford v. Com., 91-SC-298-MR
...(1) was lawfully arrested; (2) was given his Miranda warnings; and (3) effectively waived his right to counsel. Rigsby v. Commonwealth, Ky., 284 S.W.2d 686 (1956); Harper v. Commonwealth, Ky., 694 S.W.2d 665 (1985); Colorado v. Spring, 479 U.S. 564, 107 S.Ct. 851, 93 L.Ed.2d 954 It goes wit......
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Darden v. Com.
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