Wax v. Commonwealth

Opinion op the Court by

Judge Dietzman

Affirming.

One night in the latter part of May, 1925, several peace officers went to the home of the appellant armed with a search warrant, for the purpose of searching his premises for whiskey. They first sent one Walter Lewis, who was not a peace officer, into appellant’s house for the purpose of buying some whiskey, while they remained outside but nearby. Lewis testifies that when he entered the house he offered to purchase from the appellant some moonshine whiskey’; that the appellant replied that he would have to go out into the yard to get it for him,…