Commonwealth v. Stubler

Opinion by

Gawthrop, J.,

The sole question raised by this appeal is whether error was committed by the learned judge of the court of quarter sessions in discharging a rule granted to show cause why certain intoxicating liquors in possession of the Commonwealth’s officers should not be returned to appellant.

The facts are undisputed. Appellant held a license to sell vinous, spirituous, malt and brewed liquors at retail at the Fifth Ward Hotel, in the City of Altoona, Blair County. He lived at the hotel, his dwelling and bedroom being on the second floor thereof. On August 26, 1921, a member of…