Smith v. State

PRICE, Judge.

Appellant was convicted by the court, without the intervention of a jury, of the offense of illegal possession of prohibited liquors.

The state’s evidence consisted of the testimony of one Irby L. Lyles to the effect that he made a search of defendant’s premises in Covington County on March 28, 1957, and found one pint of white “moonshine” whiskey in some broom straw in a smokehouse fifteen feet from defendant’s home.

Defendant’s wife testified she and her husband were in the house when her husband said a man had some whiskey. She asked the man where he got the whiskey and he told…