Abshire v. Commonwealth

Opinion of the Court by

Judge MoCandless —

Reversing.

Appellant was convicted of unlawfully possessing spirituous liquor: The Commonwealth’s evidence was procured under the authority of a search warrant. The search warrant was based on an affidavit, the questioned part of which reads:

“ . . . that he has knowledge that intoxicating liquors, to-wit, spirituous, vinous or malt liquors are being kept for sale and are sold or otherwise disposed of in violation of law. . . .”

The rule in this jurisdiction is, that an affidavit must state either facts or circumstances from which the officer issuing the…