Bird v. State

MARTIN, Judge.

Offense, the unlawful possession of equipment for the manufacture of spirituous and intoxicating liquor; penalty, one year in the penitentiary.

Operating under a search warrant, officers went to the barn of one Carter and in it they found sixty-six barrels full of mash and a whiskey still set up ready for operation. Nearby they found appellant asleep.

Several bills of exception appear in the record raising the question of the admissibility of the searching officers’ testimony as to what they found in the said barn. It is insisted that the affidavit fails to show that the barn and…