Smart Corporation v. Kathy Grider

LATIMER, Justice. The appellant, Carl Hager, was tried and convicted in the Kenton Circuit Court on the charge of breaking and entering into the storeroom of another, and given five years in the penitentiary. He appeals, alleging two grounds for reversal, namely: 1. The court erred in admitting the confession or admission of appellant, obtained, as the evidence shows, in direct violation of Kentucky Revised Statutes, Section 422.110, and its older or parental source or corollary, Section 240, Criminal Code of Practice. 2. Error of the court in overruling Appellants motion for a peremptory instruction.