Napier v. Commonwealth

DUNCAN, Justice.

Appellant was convicted on a charge of possessing intoxicating liquor for the purpose of sale in local option territory and his punishment was fixed at a fine of $100 and confinement in jail for a period of sixty days. Reversal is sought upon a number of grounds, but since we have concluded that the evidence is not sufficient to support a conviction, we shall discuss only that ground.

On the night of March 27, 1953, appellant’s restaurant in the city of Danville was searched by two police officers under authority of a search warrant. The officers stated that when they came to…