McCarty v. Commonwealth

Opinion of the Court by

Judge Clarke

Affirming.

Convicted of unlawfully possessing intoxicating liquor, appellant complains that all of the evidence of bis guilt was incompetent, and that same should have been excluded and Ms acquittal directed.

*288Acting under a search warrant issued upon an affidavit which is concededly defective, officers searched a garage immediately behind appellant’s residence in the city of Lexington, and there found thirty-five gallons of illicitly distilled whiskey. While the residence and garage are located upon the same lot and owned by the same party, it was established…