Buis v. Commonwealth

*58Opinion of the Court by

Chief Justice Sampson

Affirming.

Appellant Buis complains of his conviction of the offense of having in possession spirituous liquors, on the ground that the affidavit upon which the search warrant was based, as well as the search warrant itself, were defective and insufficient, in consequence of which all evidence introduced by the Commonwealth was incompetent and should have been excluded from the consideration of the jury.

The affidavit was made by Henry Ellison and in substance states that the witness was at the home of Virgil Brown near Mt. Olivet, and saw Virgil…