Derefield v. Commonwealth

Opinion of the Court by

Commissioner Sandidge

Reversing.

Appellant lias been convicted in the Lawrence circuit court of unlawfully manufacturing whisky, and has. moved that an appeal be granted and that the judgment be reversed.

All of the evidence against him was obtained by peace officers while searching his dwelling house and outbuildings under a search warrant. The competency of the evidence is questioned upon the ground that the affidavit for the search warrant was insufficient. That is the only question presented by the appeal of sufficient merit to require consideration. The affidavit was…