Johnson v. Commonwealth

Opinion op the Court by

Judge Dietzman —

Reversing.

The appellant, John Johnson, was convicted of the offense of unlawful possession of whiskey. He appeals. We are of opinion that his motion for a peremptory instruction should have been sustained. The facts are these: On July 11, 1923, a federal prohibition agent, armed with a federal search warrant and accompanied by the local county officers, went to search the Jerry G-allagher building, in Catlettsburg, Ky. This building fronts on one of the principal streets of that city. One side of it abuts an alley which runs at right angles to the street…