Flannery v. Commonwealth

MONTGOMERY, Chief Justice.

Joe Flannery was convicted of illegally transporting alcoholic beverages in local option territory for the purpose of sale. He was fined $100 and sentenced to serve thirty days in jail. He has moved for an appeal.

The most important ground urged for reversal concerns a search of appellant’s truck which disclosed a large quantity of beer and wine. It is contended that the introduction of testimony concerning the result of the search was erroneous since the search was made without a search warrant and not in his immediate presence.

On December 27, 1957, a state trooper…