Whitworth v. State

MORROW, Presiding Judge.

The offense is the possession of intoxicating liquor for the purpose of sale, punishment fixed at confinement in the penitentiary for a period of one year.

Appellant’s automobile was searched by the sheriff and found to contain seven bottles of whiskey. Objection was made to the sheriff’s testimony showing the result of the search upon the ground that the officer did not possess a search warrant. Appellant bases his contention upon Chapters 49 and 149, Acts of the Thirty-ninth Legislature, forbidding the introduction of testimoney obtained through an unlawful search.…