Johnson v. Commonwealth

STEINFELD, Judge.

Mary Johnson was indicted for violating KRS 242.230, trafficking in alcoholic beverages in dry territory. She was found guilty and her punishment was fixed at $100.00 fine and 30 days in jail. She moved for an appeal which was granted. We reverse.

Prior to the search of her premises a magistrate issued a search warrant based upon an affidavit signed by a police officer. It stated that the affiant had “ * * * reasonable grounds to believe, and does believe that intoxicating liquors are being sold, manufactured, disposed of or illegally possessed in a house, building or…