State v. Messer

The appellee was convicted in a justice court of district No. 5 of Lamar county on a charge of unlawfully having in his possession intoxicating liquors. He appealed to the circuit court, and upon the trial of the case in that court, at the conclusion of the evidence offered by the state, the court sustained a motion to exclude the evidence, and peremptorily instructed the jury to find the defendant not guilty, and, from the judg*ment of acquittal, the state prosecuted this appeal.

The testimony offered by the state was excluded on the ground that it had been obtained by means of an unlawful…