Roberts v. Commonwealth

Opinion of the Court by

Turner, Commissioner — -

Reversing’.

Appellant was indicted charged with the manufacture of spirituous liquors. On his trial he was convicted and has appealed.

The sheriff had a defective search warrant under which he searched appellant’s house and other buildings. In executing tbe warrant there was found buried under or near a chicken coop two or more jugs said to contain whiskey.

On the trial of the case it developed that the affidavit upon which the search warrant was based was wholly insufficient, and the court properly refused to permit the *839sheriff to testify anything…