Carroll v. Commonwealth

Opinion op the Court by

Judge Tilford

Reversing.

Appellant was convicted of possessing, in local option territory, intoxicating liquor for the purpose of sale. The only evidence of his guilt sufficient to support the verdict was obtained as a result of a search warrant issued on an affidavit in which the affiant stated in the following language the source of his information and belief:

“That he is reliably informed by one or more persons, whom affiant knows to be reliable, that Otto Carroll now has in his possession approximately six cases of whisky, some of which is stored at the home of Henry…