Commonwealth v. Bailey

STANLEY, Commissioner.

The Commonwealth asks a certification of the law with respect to quashing a search warrant.

In April, 1950, an indictment was returned charging Hiram Bailey, the operator of “The Trockadero Club,” with possessing intoxicating liquor for sale in local option territory and stating that it was a third such offense. In September, 1950, a special judge sustained the defendant’s motion to quash a search warrant and to suppress evidence obtained thereby. The indictment was not dismissed. In November, 1951, the court, with the regular judge presiding, on motion of the…