Commonwealth v. Davenport

MOREMEN, Judge.

Appellee, Mrs. Tracy (Lorene) Davenport was indicted in the Whitley Circuit Court for the offense of possessing alcoholic beverages for the purpose of sale in dry local option territory.

When the case came on for trial appellee filed motion to quash the affidavit and search warrant and to suppress the evidence obtained by reason of the execution of the warrant on the ground that the affidavit was insufficient. The circuit court sustained the motion and the appellee was found not guilty. The Commonwealth has appealed under Section 335 of the Criminal Code of Practice for a…