Sullivan v. Commonwealth (First Case)

Opinion op the Court by

Van Sant, Commissioner

Reversing.

Appellant has appealed from a judgment of conviction under an indictment charging him with unlawfully having intoxicating liquors in his possession for purposes of sale in local option territory. He contends he was entitled to a directed verdict of acquittal at the conclusion of the introduction of evidence for the Commonwealth, because (1) the affidavit upon which the search warrant was issued does not state facts from which the officer who issued the warrant could determine that probable cause existed for its issuance, consequently the…