Smith v. Commonwealth

CLAY, Commissioner.

Appellants were convicted of possessing alcoholic beverages in local option territory for the purpose of sale, and were each fined $100 and given 30 days in jail.

The sheriff of Magoffin County stopped a truck in which appellants were riding early one morning when it was observed weaving on the highway. Smith was driving. Without making a search, the sheriff and his deputy observed that the truck contained many cases of beer. Appellants were arrested for transporting intoxicating liquors in dry territory for the purpose of sale. Later examination showed the truck was loaded…