West v. Commonwealth

Opinion of the Court by

Judge Sampson —

Reversing.

From a third conviction of a violation of the RashGrullion Act of 1922, fixing his punishment at five years in the state prison, appellant, West, prosecutes this appeal, relying upon several grounds, among them (1) insufficiency of the indictment, and of each count thereof; (2) the court gave erroneous instructions to the jury; (3) the search warrant and affidavit upon which it was based were each defective. The indictment, so far as it charges the unlawful possession of spirituous and intoxicating liquors, is in the usual form, and is…