McCissell v. Commonwealth

Court of Appeals of Kentucky

McCissell v. Commonwealth

305 S.W.2d 756

CourtCourt of Appeals of Kentucky

DecidedOctober 4, 1957

StatusPublished

Cited by3 cases

This text of 305 S.W.2d 756 (McCissell v. Commonwealth) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McCissell v. Commonwealth, 305 S.W.2d 756 (Ky. Ct. App. 1957).

Pincite

Opinion

PER CURIAM.

Appellant, Ruby McCissell, was convicted in the Webster Circuit Court of the offense •of possessing alcoholic beverages for the purpose of sale in local option territory. The punishment imposed was a fine of $100 and 30 days in jail.

The principal question concerns the sufficiency of the affidavit and search warrant which did not describe particularly an automobile found on the premises described in the affidavit.

We have this day held in the case of Massey v. Commonwealth, 305 S.W.2d 755, that it is not necessary to describe the automobile found on the premises searched under a warrant otherwise valid and that opinion is controlling here.

The record discloses that the verdict was based upon sufficient evidence.

The motion for appeal is therefore overruled and the judgment affirmed.

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