De Attley v. Commonwealth

Opinion of the Court by

Chief Justice Sims

Reversing.

Etta and Charles De Attley were convicted of having intoxicating liquor in their possession in local option territory for the purpose of sale, and the punishment of each was fixed at a fine of $100 and imprisonment in jail for thirty days. They assign three grounds for reversal of the judgment; 1. the verdict is not supported by the evidence; 2. the insufficiency of the affidavit upon which the search warrant was issued; 3. the court failed to properly instruct the jury. Since we have concluded that the first ground is well-taken, it will not…