Lewis v. Commonwealth

Opinion of the Court by

Drury, Commissioner

Affirming.

The appellant seeks to reverse a judgment imposing upon him a fine of $100.00 and a jail sentence of thirty days for illicit possession of intoxicating liquor. His residence was searched on March 31, 1924, and a half-gallon of colored liquor and a half-pint of white liquor was found. To reverse that judgment he insists that this was an illegal search, and the evidence obtained as a result thereof should not have been used against him. The affidavit upon which the search warrant was issued contained the following averment:

“Affiant states that…