Neal v. Commonwealth

Opinion of the Court by

Judge Clarke

Affirming.

Appellant was convicted of having whiskey in his possession unlawfully, and the evidence of his guilt was obtained, in part, under a search warrant.

The sufficiency of the affidavit upon which the search warrant issued is attacked upon the ground that it does not state any facts or circumstances upon which the officer issuing the warrant could have determined, for himself whether probable cause existed for issuing it. If this be true, then under a long line of cases, the affidavit was fatally defective, the warrant was invalid, and the evidence…