Nestor v. Commonwealth

*749¡Opinion op the Court by

Judge O’Neal

Reversing.

Appellant was indicted and convicted upon the charge of unlawfully possessing an illicit still, and his punishment was fixed at three months’ confinement and a fine of $100.00.

Acting under a search warrant the officer to whom it was addressed, together with other officers, searched the house described in said warrant, and found and seized a still located in one of the rooms of said house.

The undisputed facts show that the house described in the search warrant as being occupied by and in the possession of one Henry Hammonds belonged, in fact, to…