Mattingly v. Commonwealth

Opinion op the Court by

Judge Thomas

-Reversing.

Appellant, Herman Mattingly, was convicted in the Henderson circuit court on the trial of an indictment accusing him of the offense of having in his possession an illicit or moonshine still contrary to the statute in such cases provided. He has appealed and his counsel urge a number of grounds for reversal of the judgment, all of which it may be said grow out of the incompetency of the evidence offered by the Commonwealth in support of the prosecution; the incompetency resulting from the insufficiency of the search warrant and the insufficiency of…