English v. Commonwealth

Opinion of the Court by

Judge McCandless

Affirming.

Appellant was convicted of tlie offense of unlawfully having intoxicating liquors in his possession. On this appeal he insists that he was entitled to a peremptory instruction to find him not guilty. It is disclosed by the evidence that he conducted a soft drink establishment in the city of Paducah. One afternoon a deputy sheriff entered this building on legal business, and as he went in saw a person take a bottle from the counter, conceal it in his pocket and walk to the rear of the store.

Subsequently a warrant was obtained to search the…