JOHNSON v. COMMONWEALTH


445 S.W.2d 441 (1969)

Mary JOHNSON, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

October 3, 1969.


Attorney(s) appearing for the Case

A. Dale Bryant, Jackson, for appellant.

John B. Breckinridge, Atty. Gen., David E. Murrell, Asst. Atty. Gen., Frankfort, James S. Hogg, Jackson, for appellee.


STEINFELD, Judge.

Mary Johnson was indicted for violating KRS 242.230, trafficking in alcoholic beverages in dry territory. She was found guilty and her punishment was fixed at $100.00 fine and 30 days in jail. She moved for an appeal which was granted. We reverse.

Prior to the search of her premises a magistrate issued a search warrant based upon an affidavit signed by a police officer. It stated that the affiant had "* * * reasonable grounds to believe,...

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