Kalbfleisch v. Commonwealth

Opinion op the Court by

Judge Dietzman

Reversing.

The appellant was convicted of the offense of unlawful possession of intoxicating liquor, fined $300, and sentenced to serve 60 days in jail.

The proof which consists of the testimony of two officers of the city of Louisville discloses that acting under a search warrant they searched the premises of the appellant and there found “75 quarts of home-brew and 24 gallons fermenting.” Neither officer knew or would testify as to whether the home-brew contained in the 75 quart bottles or in the 24 fermenting gallons was. intoxicating or not, and there…