Blackburn v. Commonwealth

Opinion op the Court by

Judge O’Neal

Affirming.

The appellant, Floyd Blackburn, was convicted in the Pike circuit court on the charge of unlawfully possessing intoxicating liquors, and his punishment fixed at a fine of $300.00 and 60 days ’ confinement in the county jail. He prosecutes this appeal, alleging that the trial court erred in admitting incompetent evidence procured through an illegal search warrant issued upon an insufficient affidavit.

The evidence shows that on or about July 28, 1923, one J. C. Bentley, a federal prohibition officer, Marvin Williamson, a justice of the peace of Pike…