McMillan v. Commonwealth

OSBORNE, Judge.

The appellant was convicted of possession of alcoholic beverages in local option territory for the purpose of sale. He had been twice previously convicted for similar violations of the local option law.

On February 11, 1967, a state trooper who testified at the trial, called at the trailer where appellant lived. Appellant and another unidentified man came to the door. The trooper purchased four cans of beer from the unidentified man in the presence of appellant. As a result of this transaction, an affidavit was duly made by the trooper and a search warrant was issued for the…