Ruth v. Commonwealth

CULLEN, Commissioner.

This is a motion for appeal from a judgment imposing upon Charles and Rosetta Ruth a fine of $100 and a sentence of thirty days in jail for possession of liquor for sale in local option territory in violation of KRS 242.230(1).

The Ruths contend that evidence obtained by a search of their premises was inadmissible because the affidavit for the search warrant was insufficient.

The affidavit, by one Bill Deaton, stated that affiant believed and had reasonable grounds to believe that Charles Ruth illegally possessed certain alcoholic' beverages at certain described premises in…