Cosby v. Commonwealth

Opinion of the Court by

Judge Rees

Affirming.

Appellant was indicted on a charge of unlawfully having in his possession intoxicating liquor and of having previously been convicted for unlawfully selling intoxicating liquor and was convicted' as a second offender, bis punishment being fixed at confinement in the penitentiary for one year.

The only ground urged for a reversal is the alleged insufficiency of the affidavit for the search warrant under which the evidence.of his guilt was obtained.

The affidavit, in part, is as follows: “Thh affiant, ~W. D. Durham, says that John Cosby has spirituous…