Opinion
May 6, 1955.
Appeal from the Cumberland Circuit Court, James C. Carter, Jr., J.
S.A. Cary, Burkesville, for appellant.
J.D. Buckman, Jr., Atty. Gen., Wm. F. Simpson, Asst. Atty. Gen., Paul Carter, Commonwealth's Atty., Tompkinsville, Ky., John S. Cary, County Atty., Burkesville, for appellee.
We are affirming the judgment in this case imposing upon the appellant a $40 fine and a sentence of 60 days in jail for a second offense of possessing intoxicating beverages for the purpose of sale. KRS 242.230. There is no showing that the search warrant which led to his arrest was not executed validly.
The motion for an appeal is overruled, and the judgment is affirmed.