Commonwealth ex rel. City of Paintsville v. Melvin

DUNCAN^ Justice.

The appellee, Ralph Melvin,. was convicted by a judgment of the police court of the city of Paintsville of the offense of having intoxicating liquor in his possession, for the purpose of sale in local option territory. Upon appeal to the circuit court, the affidavit in support of the search warrant was quashed, thereby eliminating the- only evidence upon which a conviction might have been obtained. The Commonwealth declined to plead further or to introduce proof, and the warrant was dismissed and the judgment of the police court was vacated. The appeal, pursuant to Section…