Commonwealth v. Elliott

Opinion op the Court by

Chiep Justice Sims

Certifying the law.

This is an appeal prosecuted by the Commonwealth under secs. 335 and 337 of the Criminal Code of Practice to obtain this court’s certification of the law relative to the sufficiency of a search warrant and of the supporting affidavit, since there are a number of other cases to be tried which involve similar warrants and affidavits.

Appellee, James Elliott, was convicted in the Harlan County Court of having liquor in his possession for the purpose of sale in local option territory. He appealed to the Harlan Circuit Court and the trial…