Flynn v. Commonwealth

MO REMEN, Justice.

Chester Flynn was convicted of having intoxicating liquor in his possession in local option territory for the purpose of sale and the punishment was fixed at a fine of $100 and costs, and imprisonment in the county jail for a period of thirty days. He assigns three grounds for reversal of the judgment: (1) the court erred in not sustaining appellant’s motion for a peremptory instruction; (2) the commonwealth failed to produce the search warrant at the triad; and (3) the affidavit upon which the search warrant was issued was insufficient. We have concluded that the first…