Herrin v. Commonwealth

Opinion op the Court by

Chiep Justice McCandless

—Reversing.

Ed Herrin was found guilty of unlawfully having in his possession intoxicating liquor and his punishment fix:ed at a fine of $100 and confinement in the jail for 30 days. He appeals.

The facts disclosed by the evidence are these: The defendant, a barber, has a shop on the first floor of a residence in Paris, Ky., and a sleeping room on the second floor, immediately above the shop. A private stairway leads from the shop to the sleeping room. On the upper floor there is a small outside porch, which is reached through a door from…