Cruse v. Commonwealth

STEWART, Justice.

Noel Cruse was convicted in the Jackson Circuit Court at the October 1950 term of having moonshine liquor in his possession for the purpose of sale in local option territory and his punishment was fixed at a fine of $100 and 30 days confinement in the Jackson County jail. He moves for an appeal, assigning as errors that the circuit court permitted incompetent evidence to go to the jury over his objection and exception and that the court erred in overruling his motion for a peremptory instruction.

Appellant contends that the affidavit supporting the issuance of the search…