| Ky. Ct. App. | Oct 13, 1961
In September, 1960, the appellant, Elijah Messer, was convicted for the second offense of possessing alcoholic beverages for sale in dry territory, fined $50, and sentenced to 60 days in jail.
The affidavit for the warrant issued for the search of his premises was based on information and knowledge, stated as follows:
“Paul Stamper, Sheriff Knox County, the affiant, was told by Charles Mays, Deputy Sheriff Knox County, that Lige Messer a known boot legger of Knox County has now in his possession a large quantity of intoxicating beverages, whiskey, beer & etc. for the purpose of sale on his premises, or filling station, which he has leased, & also in cars of various kinds located on said premises and under his control & known as Messer Pan Amm Filling Station located at Heidrick, Knox Co. Ky. at Junction of U. S. 25E & Highway 11 on Right hand side going north.”
Since the appellant’s conviction, this Court, on June 23, 1961, in Henson v. Commonwealth, Ky., 347 S.W.2d 546" court="Ky. Ct. App." date_filed="1961-06-23" href="https://app.midpage.ai/document/henson-v-commonwealth-2389491?utm_source=webapp" opinion_id="2389491">347 S.W.2d 546, after reviewing the decisions therein collected, re
The judgment is reversed.