Commonwealth v. Chaplin

Opinion of the Court by

Judge Rees

Certifying the law.

Charlie Chaplin was convicted in the^ Barren County Court of the offense of unlawfully transporting intoxicating liquor in local option territory. He appealed to the Barren Circuit Court where a jury was waived,, and the law and facts were submitted to the court. The trial judge found that the search of defendant’s car on the public highway by the arresting officers without a search warrant was illegal, and that the evidence offered by the Commonwealth as to the whisky found in the car at the time of the arrest should be excluded. The…