Taulbee v. Commonwealth

NEIKIRK, Judge.

The residence of Merlin Taulbee in Magoffin County was searched pursuant to a search warrant. A quantity of alcoholic beverages was found and confiscated. Taul-bee was indicted for possession of the intoxicants in local option territory for the purpose of sale. On a trial by jury, he was found guilty, fined $100, and sentenced to thirty days in jail. Taulbee appeals. We affirm.

Taulbee asserts as grounds for reversal of the judgment that (1) the house searched was not the house described in the search warrant; (2) his motion to dismiss the indictment should have been sustained;…