Fleming v. Commonwealth

Opinion op the Court by

Commissioner Sandidge—

Reversing.

Appellant has been convicted of unlawfully manufacturing whiskey, and appeals.

He insists that the evidence under which he was convicted was incompetent because procured by an invalid search made without a search warrant. The evidence is in considerable confusion, but its careful consideration establishes that a distilling outfit in operation was discovered by the witnesses for the Commonwealth in a house located on land either owned or leased by appellant. The distance which the house was situated from his dwelling house varies according…