Wackenthaler v. Commonwealth

Opinion of the Court by

Judge Rees —

Affirming.

The. appellant, L. J. Wackenthaler, was tried and found guilty in the police court of Louisville under a warrant charging him with unlawful possession of intoxicating liquor. He appealed to the Jefferson circuit •court, where he was again tried and found guilty, his punishment being fixed at a fine of $100 and confinement in the county jail for 30 days. On this appeal he insists that the search warrant was invalid, as it was based upon an affidavit sworn to before a notary public and not before the officer issuing the search warrant.

This precise…