Elswick v. Commonwealth

Opinion of the Court by

Judge McCandless

Affirming.

Bradley Elswick was throwing balls at a doll rack; his exertions raised the skirt of his coat and caused it to hang on a bottle in his hip pocket. The bottle contained a white liquid which dashed around with the movement of Ms body, being visible to those behind him.

■A deputy marshal standing a few feet back observed this and arrested Elswick for unlawfully having intoxicating liquor in his possession. After the arrest the officer searched him and confiscated the bottle. He removed the cork and smelled the contents, which he says had the odor…