Baker v. Commonwealth

Yak Sant, Commissioner

Reversing.

Appellant was convicted of possessing whisky in Local Option Territory, fined $50, and sentenced to serve thirty days in the county jail. , The sole evidence for the Commonwealth was found on a search of appellant’s premises, under purported authority of a search warrant. Appellant moved the Court to quash the search warrant and to suppress the evidence obtained thereunder, because the affidavit upon which the search warrant was issued does not state sufficient acts upon which the Magistrate could conclude that a search warrant should issue. The affidavit reads: