Henson v. Commonwealth

' PALMORE, Judge.

The affidavit for the search warrant under which the incriminating evidence in this local option case was obtained stated that the defendant “now has in possession,” unlawfully, at the premises therein described a quantity of alcoholic beverages, and “that knowledge of these facts was gained in the following manner, to-wit: Observation, in person.” (Italics added.) Nowhere did it state when the personal observation took place. For this reason it is contended that the affidavit was insufficient to support the warrant.

It seems to be the general 'rule iii other jurisdictions…