Emberton v. Commonwealth

MOREMEN, Justice.

Appellant, Herman Emberton, was found guilty of the charge of having in his possession intoxicating liquors for the purpose of sale in local option territory. He was fined the sum of $50 and sentenced to confinement for 30 days in jail.

The sole question presented for decision is whether or not the affidavit supporting the search warrant is legally sufficient. It reads in part:

“The affiant, W. C. Bartley, whose 'post-office address is Tompkinsville, State of Kentucky, states that he is a resident and citizen of-Monroe County, Ky. and more than 21 years of .age and Deputy…