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MESSER v. COMMONWEALTH

350 S.W.2d 486 (1961)

Elijah MESSER, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

October 13, 1961.

Attorney(s) appearing for the Case

Carlos B. Pope, J. B. Campbell, Barbourville, for appellant.

John B. Breckinridge, Atty. Gen., Wm. F. Simpson, Asst. Atty. Gen., for appellee.

MILLIKEN, Judge.

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...

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