Duncan v. Commonwealth

Opinion of the Court by

Chief Justice Fulton

Reversing.

The appellant was fined $100 and sentenced to confinement in jail for sixty days for having intoxicating liquor in his possession in violation of the- local option law. He has made a motion for an appeal.

Under the authority of a search warrant the sheriff and a posse went to the appellant’s home. When they- neared the house the appellant, who was sitting on the front porch, went into the house. The officers followed him and found him pouring a quart of moonshine whiskey in the sink. They secured a part of the whiskey which had been mixed…