Marcum v. Commonwealth

Opinion op the Court by

Chief Justice McCandless

— Reversing.

Billie Marcum, Elmer Marcum, and Luther Marcum were convicted on the charge of owning and possessing apparatus designed for the unlawful manufacture of intoxicating liquor.

These facts were shown in evidence: Oscar Winkler, a deputy sheriff of Estill county, had a warrant for the arrest of Tom Clarkston, who was staying at the home of Billie Marcum in Estill county. For the purpose of making the arrest, Winkler secreted himself upon Marcum’s premises and saw Clarkston leave the Marcum residence and go to a nearby pond, from which he…