Duncan v. Commonwealth

Opinion op the Court by

Turner, Commissioner—

Reversing.

Appellant was arrested on a warrant charging him with the illeg’al possession of intoxicating liquors, and on his trial in the quarterly court of Fayette county was found guilty.

He thereupon superseded the judgment and appealed to the Fayette circuit court in which tribunal he was again tried and found guilty, and from that judgment this appeal is prosecuted.

The only question necessary to consider is the admissibility of certain evidence procured by the sheriff of Fayette county and his deputy when they searched appellant’s home in his…