Abner v. Commonwealth

WADDILL, Commissioner.

James Abner was convicted of unlawfully possessing alcoholic beverages for the *315purpose of sale. KRS 242.230(1). The punishment imposed by the verdict and judgment was a fine of $100 and 60 days in jail.

Abner has filed a motion for an appeal, asking a reversal of the judgment on the ground that the evidence upon which he was convicted was procured by an illegal search of his premises. The basis of this contention is that the search warrant, under which the search was conducted, was invalid because it was issued upon an insufficient affidavit.

It is the rule in this…