Hensley v. State

The plaintiff in error, hereinafter called defendant, was convicted in the county court of Ellis county of having the unlawful possession of intoxicating liquor, and was sentenced to pay a fine of $200 and to serve 30 days in the county jail.

An affidavit for search warrant was filed to search the residence and premises belonging to defendant, alleging the property to belong to Jim Walton. Upon search, six gallons of whisky were found. Defendant and Jim Walton were jointly charged. Walton was acquitted and defendant convicted, as stated. The search warrant was served on the day it was issued,…