Tuttle v. Commonwealth

STANLEY, Commissioner.

Woodrow Tuttle has moved for an appeal (Criminal Code of Practice, § 348) from a judgment of conviction as a second offender of the local option law. The penalty is imprisonment for 120 days in jail and a fine of $200. KRS 242.230, 242.990.

The indictment charged Tuttle with possession for sale of 1,201 cans of beer and 25 half pints of- gin on October 28, 1958. A second count charged that the accused had been previously convicted of a similar offense in May, 1958.

We find no merit in the contention that the search warrant should have been quashed and evidence based upon…