Foley v. Commonwealth

Opinion op the 'Court by

Judge Clay

Reversing.

Thomas Foley, who was convicted of the unlawful possession of intoxicating liquor, has prayed an appeal.

The facts are these: Acting under a search warrant issued by the police judge of Ashland, the officers searched appellant’s home on Sunday, and found in a secret place behind the mantel of one of the rooms 4% gallons of moonshine liquor in glass jugs. The officers also testified that, when they suggested searching further, Foley said: “There is no use to look further; you have got it all.” On the other hand, Foley denied making the above…