Webb v. Com.
Decision Date | 07 October 1960 |
Parties | Bob WEBB, Appellant, v. COMMONWEALTH of Kentucky, Appellee. |
Court | United States State Supreme Court — District of Kentucky |
R. B. Harrington, Paintsville, for appellant.
John B. Breckinridge, Atty. Gen., Wm. F. Simpson, Asst. Atty. Gen., for appellee.
Bob Webb was tried and convicted in the Johnson Circuit Court for the offense of possessing alcoholic beverages for the purpose of sale in local option territory. The punishment imposed was a fine of $50 and 30 days in jail. Webb has moved for an appeal from the judgment entered on the verdict, urging this ground for reversal:
The affidavit was insufficient to authorize the issuance of a search warrant and the lower court erred in admitting evidence obtained thereunder as a result of the search.
The pertinent portions of the affidavit read as follows:
The instant affidavit failed to set or fix any date or period of time when the alleged facts occurred. The law is well settled that a failure to state any date or time when the purported facts set forth happened renders the affidavit insufficient to create probable cause for the belief that the forbidden articles were possessed at the time the affidavit was made. Therefore, since the affidavit under attack was fatally defective, the search warrant issued pursuant to it was void. See Abner v. Commonwealth, Ky., 298 S.W.2d 314; Emberton v. Commonwealth, Ky., 269 S.W.2d 206; Cruse v. Commonwealth, Ky., ...
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