Casey v. Commonwealth

Kelly, P.,

delivered the opinion of the court.

John T. Casey was convicted of manufacturing ardent spirits and sentenced to confinement in jail for thirty days and the payment of a fine of $50.00.

1. The first assignment of error calls in question the action of the court in permitting the Commonwealth to avail itself of information and evidence against the accused alleged to have been obtained by a search of his premises and a seizure of his property without a search warrant. The Commonwealth concedes that the officers had no such warrant, but contends (1) that the search and seizure were…