Byrd v. Commonwealth

SIMS, Chief Justice.

Appellants, .Connie Byrd and Sam Wet-more, on a joint trial were convicted of illegally possessing intoxicating liquor in local option territory for the purpose of sale and the punishment of each was fixed at a fine of $50 and confinement in jail for 30 days. On their motion for an appeal they insist: (a) that the trial judge erred in not excluding the evidence obtained under a void search warrant which was not signed by the county judge; . (b) had this incompetent evidence been exclud*438ed, there was no evidence to sustain' the conviction.

There is no contrariety in the…