Miller v. Commonwealth

Opinion op the Court by

Judge MgOanPless

Reversing.

The defendant was prosecuted in the Pike circuit court on the charge of the unlawful sale of intoxicating liquor and his punishment fixed at a fine of $300.00 and sixty days’ imprisonment. On this appeal his only complaint is error of the court in admitting incompetent evidence, the reason assigned being that it was procured through the medium of an illegal search warrant.

It appears that the deputy sheriff was in possession of certain information relating to defendant’s business and that he accompanied a U. S. commissioner to the office of the…