Wolford v. Commonwealth

Opinion op the Court by

Judge Rees

Reversing.

The appellant was tried and convicted before a justice -of the peace under a warrant charging him with unlawfully having whiskey in his possession. He prosecuted an appeal to the circuit court and was there again found guilty. Acting under a search warrant directing him to -search the person of appellant and certain premises in his possession, a policeman met appellant on the road. While the officer was attempting to search appellant’s person, appellant threw away a package which proved to be a jar or can wrapped in a newspaper. The officer did not…