Phillips v. Commonwealth

Opinion op the Court by

Judge Rees

Reversing.

The appellant, Pearl Phillips, was convicted in the Pike circuit court of possessing intoxicating liquor, and prays an appeal.

Appellant insists that his motion for a peremptory instruction should have been sustained (1) because the justice of the peace who issued the ¡search warrant failed to sign.it officially, it being signed thus, “J. M. Robinson,” and (2) because of delay in executing the search warrant.

It appears that, when the search warrant was issued, J. M. Robinson was a justice of the peace of Pike county, and, as such, issued the warrant.…