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NOBLE v. COMMONWEALTH

295 S.W.2d 343 (1956)

Mitchell NOBLE, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

November 2, 1956.

Attorney(s) appearing for the Case

O. J. Cockrell, Jackson, for appellant.

Jo M. Ferguson, Atty. Gen., Wm. F. Simpson, Asst. Atty. Gen., for appellee.

STEWART, Judge.

Mitchell Noble, convicted of illegal possession of alcoholic beverages in local option territory for the purpose of sale, was fined $50 and sentenced to 30 days in jail. He appeals.

The facts are these: Fallen McIntosh, a deputy sheriff of Breathitt County, swore out a search warrant alleging he had seen persons "apparently drunk and under the influence of alcoholic drinks, milling in and out of...

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