Childers v. Commonwealth

Opinion of the Court by

Chief Justice Sampson—

Reversing.

The evidence upon which appellant Childers was convicted of unlawfully having intoxicating liquors in his possession was obtained by officers who searched his premises under an invalid search warrant. That part of the evidence which related to whiskey found in the *849residence was excluded from the consideration of the jury by the trial judge. But he allowed the jury to hear and consider evidence of what the officers found in the garden near the house and in a pond within a stone’s throw of the rear of the house. 'Of all this evidence the…