Arnold v. Commonwealth

Opinion of the Court by

Judge Clarke

Reversing.

The appellant is complaining of his conviction of unlawfully possessing intoxicating liquors, upon the ground that the evidence of guilt was obtained by an illegal search of his residence.

The search warrant is not defective, and the attack is upon the affidavit upon which it issued. The pertinent part thereof reads.:'

“The affiant says that on June 14, 1924, Frank Mason, who lives near Franklin, Ky., told him that he was informed by a man who was unknown to him, and who offered him a drink of whiskey in a closet in the rear of the Elks Bldg., that…