COMMONWEALTH v. MELVIN


256 S.W.2d 513 (1953)

COMMONWEALTH, for Use and Benefit of CITY OF PAINTSVILLE v. MELVIN.

Court of Appeals of Kentucky.

March 27, 1953.


Attorney(s) appearing for the Case

J. D. Buckman, Jr., Atty. Gen., Ed. H. King, Paintsville, for appellant.

R. B. Harrington, Paintsville, for appellee.


DUNCAN, Justice.

The appellee, Ralph Melvin, was convicted by a judgment of the police court of the city of Paintsville of the offense of having intoxicating liquor in his possession for the purpose of sale in local option territory. Upon appeal to the circuit court, the affidavit in support of the search warrant was quashed, thereby eliminating the only evidence upon which a conviction might have been obtained. The Commonwealth declined to plead further or to introduce...

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