Spain v. State

HAWKINS, Judge.

Conviction is for manufacturing intoxicating liquor, punishment being one year in the penitentiary.

Two deputy constables went to the home of appellant searching for one Lewis for whom they had a warrant of arrest on a’ misdemeanor charge. After arresting Lewis appellant was observed by the officers going behind a shed or barn. He was also placed under arrest. At this point the testimony is confusing. In one place the officer says that at the time he arrested appellant he (the officer) had no information that a still was in operation on the place except he smelled the odor of…