Morse v. Commonwealth

Opinion op the Court by

Turner, Commissioner —

Reversing.

From a conviction under an indictment charging him with the unlawful manufacture of spirituous liquor, appellant appeals.

Boitnott, a justice of the peace, and a resident of the same neighborhood, on one Saturday was passing through appellant’s farm, along a path or roadway about fifty or seventy-five yards from thq edge of some timber on- the side of a hill; thinking he detected the odor of whiskey, or the mash used in making it, he left the path or roadway and went into the timber in search of the source of the odor. He found what he and…