HENSON v. COMMONWEALTH


347 S.W.2d 546 (1961)

Frank HENSON, Jr., Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

June 23, 1961.


Attorney(s) appearing for the Case

John J. Tribell, Pineville, for appellant.

John B. Breckinridge, Atty. Gen., Wayne J. Carroll, Asst. Atty. Gen., for appellee.


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...

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