Wells v. Commonwealth

Opinion op the Court by

Chief Justice Clay

Reversing.

Robert Wells appeals from a judgment convicting him of unlawfully possessing intoxicating liquor, and fixing his punishment at a fine of $200 and 30 days ’ imprisonment.

It is first insisted that all the evidence should have been excluded, as it was obtained by a search under an invalid search warrant. The affidavit for the search warrant stated the ultimate facts as facts; and not merely as affiant’s belief. It was, therefore, sufficient in that respect. Neal v. Commonwealth, 203 Ky. 353, 262 S. W. 287.

The affidavit describes the premises as…