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CHILDERS v. COMMONWEALTH

407 S.W.2d 134 (1966)

Paul CHILDERS, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

October 14, 1966.

Attorney(s) appearing for the Case

G. C. Perry, III, Paintsville, for appellant.

Robert Matthews, Atty. Gen., David Murrell, Asst. Atty. Gen., Frankfort, for appellee.

WILLIAMS, Judge.

Appellant Paul Childers was convicted in the Johnson Circuit Court of possessing alcoholic beverages for the purpose of sale in local option territory. The punishment imposed was one year in the State penitentiary.

Evidence obtained as a result of a search was introduced at the trial. The pertinent portion of the affidavit upon which a search warrant was based is as follows:

"The affiant, C. A. Flanery, whose post office address is...

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