Noble v. Commonwealth

STEWART, Judge.

Mitchell Noble, convicted of illegal possession of alcoholic beverages in'" local option territory ■ for the purpose of sale, was fined $50 and sentenced to 30 days in jail. He appeals.

The facts are these: Fallen McIntosh, a deputy sheriff of Breathitt County, swore out a search warrant alleging he had seen persons “apparently drunk and under the influence of alcoholic drinks, milling in and out of the dwelling of Mitchell Noble.” This officer and Lewis Watkins, the police chief of Jackson, acting pursuant to the warrant searched Noble’s house and found 20 cans of beer in the…