Messer v. Commonwealth

MILLIKEN, Judge.

In September, 1960, the appellant, Elijah Messer, was convicted for the second offense of possessing alcoholic beverages for sale in dry territory, fined $50, and sentenced to 60 days in jail.

The affidavit for the warrant issued for the search of his premises was based on information and knowledge, stated as follows:

“Paul Stamper, Sheriff Knox County, the affiant, was told by Charles Mays, Deputy Sheriff Knox County, that Lige Messer a known boot legger of Knox County has now in his possession a large quantity of intoxicating beverages, whiskey, beer & etc. for the purpose of…