Harvey v. Commonwealth

Opinion op the Court by

Judge Thomas

Reversing.

There was issued by the police judge of the city of Mt. Sterling a warrant for the arrest of the appellant and defendant below, Ben Harvey, and in which he was charged with the offense of unlawfully selling intoxicating liquor. The prosecution was in the name of the commonwealth for the benefit of the city of Mt. Sterling, and for that reason the city attorney prosecuted the case in the courts below, and is doing so in this court. The sole ground for the issuing of the warrant was a written, affidavit of Neal Guilfoile, which was filed with the…