Terrell v. Commonwealth

Decision Date31 October 1922
Citation196 Ky. 288,244 S.W. 703
PartiesTERRELL v. COMMONWEALTH.
CourtKentucky Court of Appeals

Appeal from Circuit Court, Madison County.

Curtis Terrell was convicted of possessing intoxicating liquors for sale, and he appeals.Affirmed.

R. C Oldham, of Richmond, for appellant.

Chas I. Dawson, Atty. Gen., for the Commonwealth.

SETTLE J.

The appellant, Curtis Terrell, and Della Terrell, his wife, were jointly indicted in the court below for the offense of having in their possession for sale intoxicating liquors.On their joint trial the wife was acquitted, but the husband found guilty by verdict of the jury, which fixed his punishment at a fine of $300 and 60 days' confinement in jail.He has appealed, and asks a reversal of the judgment on the grounds (1) That the verdict was contrary to law and the result of passion and prejudice on the part of the jury; (2) error of the trial court in admitting incompetent evidence against the appellant; (3) in refusing him a new trial.

As the evidence of the commonwealth clearly established the appellant's guilt of the offense charged, and the punishment imposed by the verdict was less than the maximum punishment that might have been inflicted under the statute, no reason is apparent for declaring the verdict the result of passion or prejudice.

The second ground urged for the reversal of the judgment is equally lacking in merit.The evidence proved the finding by the officers of the law, of whisky in appellant's house and that it appeared to have been kept for sale.It was discovered by searching the house under authority of a search warrant issued by a justice of the peace and exhibited to and read by the appellant before his house was searched.The warrant described the premises to be searched, gave the name of the appellant as owner, stated the object of the search to be made under it, and was in all respects regular and sufficient on its face.It was likewise introduced in evidence and read to the jury on the trial.The appellant's objection to its admission and to all evidence regarding the search for and discovery of the whisky seems to be based on the ground that it was incompetent because its introduction was unaccompanied by that of the affidavits containing the information upon which it was issued.This objection cannot avail the appellant, as the search warrant was sufficient on its face to authorize its due execution by the officer to...

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6 cases
  • In re Dissenting
    • United States
    • Indiana Supreme Court
    • January 25, 1927
    ... ... facts from which it will affirmatively appear that his rights ... were invaded." In Terrell v ... Commonwealth (1922), 196 Ky. 288, 244 S.W. 703, the ... court said: "While the information upon which a search ... warrant is issued ... ...
  • Wallace v. State
    • United States
    • Indiana Supreme Court
    • June 30, 1927
    ...has the burden of establishing facts from which it will affirmatively appear that his rights were invaded.” In Terrell v. Commonwealth (1922) 196 Ky. 288, 244 S. W. 703; the court said: “While the information upon which a search warrant is issued must be furnished by affidavits of the chara......
  • Wallace v. State
    • United States
    • Indiana Supreme Court
    • June 30, 1927
    ... ... issuing of a search warrant, is judicial. In re Rule of ... Court (1877), 3 Woods 502, [199 Ind. 326] 20 Fed. Cas ... 1336; Commonwealth v. Intoxicating Liquors ... (1869), 103 Mass. 448; Commonwealth v ... Schwartz (1923), 82 Pa.Super. 369, 375; ... Chipman v. Bates ... burden of establishing facts from which it will affirmatively ... appear that his rights were invaded." In ... Terrell v. Commonwealth (1922), 196 Ky ... 288, 244 S.W. 703, the court said: "While the ... information upon which a search warrant is issued must be ... ...
  • Carrier v. Com.
    • United States
    • Supreme Court of Kentucky
    • June 17, 2004
    ...Commonwealth, Ky., 304 Ky. 216, 200 S.W.2d 467 (1947); Combs v. Commonwealth, Ky., 242 Ky. 793, 47 S.W.2d 725 (1932); Terrell v. Commonwealth, Ky., 244 S.W. 703 (1922). 14. Futrell v. Commonwealth, Ky., 437 S.W.2d 487, 488 (1969); see also Sanders v. Commonwealth, Ky., 609 S.W.2d 690 (1980)......
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