Kinney v. Commonwealth

Opinion of the Court by

Chief Justice Sampson

Affirming.

Appellant Kinney asks a reversal of the judgment of the Fleming circuit court finding him guilty of the offense of unlawfully transporting intoxicating liquors, on the sole ground that the affidavit on which the warrant to search his truck was issued was defective and insufficient to constitute probable cause, rendering the evidence given by the officers who made the search and arrest incompetent against him. The affidavit is attacked upon the theory that it does not state facts but rather states the information which the two witnesses…