Mattingly v. Commonwealth

'.Opinion op the Court by

Judge Robinson

Reversing.

In August, 3923, two prohibition officers, accompanied by a United States deputy marshall and a constable, went to a farm owned by Nace Mattingly on. the Curdsville road about 12 miles from Owensboro, where it seems they had learned in some manner or suspected that a moonshine still was in operation. Mattingly did not operate the farm, having rented it to one Ellis Ballard who lived in the house with his wife and several children. Mattingly, however, before renting the place had reserved one room as well as a part of an old smoke house in which…