287 S.W. 572 | Ky. Ct. App. | 1926
Reversing.
The defendant has appealed from a judgment imposing upon him a fine of $300.00 and a jail sentence of 60 days for the unlawful transportation of liquor. Some time in the summer of 1925, defendant passed through Catlettsburg in an automobile. An officer noticed some sort of liquid leaking from the machine. The driver of the car appeared to be under the influence of liquor. The officer collected from the roadway, some of the liquid which had leaked from the car, smelled of it and found it was whiskey. He procured an automobile, pursued, overtook *176
and arrested the defendant. After the arrest of the defendant, the officer had the right to search his machine. Patrick v. Com.,
The court erroneously used the word "knowingly" instead of "unlawfully," in the instruction. No complaint can be made, and none is made of the use of the word "knowingly," but defendant does complain of the omission of the word "unlawfully."
This was prejudicial error. See Lefler v. Com., this day decided.
The judgment is reversed.