Spires v. Commonwealth

*461Opinion op the Court by

Judge Clarke

Affirming.

Appellant was convicted of unlawfully possessing intoxicating liquor, upon the evidence of the sheriff and deputy sheriff, and the only reason assigned for reversal of the judgment is that this evidence was incompetent because obtained by an illegal search.

Appellant was arrested without a warrant, and .the competency of the uncontradicted evidence of the officers that he then had in possession two and one-half gallons of moonshine whiskey, depends upon whether or not the offense was committed in the presence of the officers within the meaning of…