Tate v. State

MORROW, Presiding Judge.

Possessing liquor for the purpose of sale is the offense; punishment fixed at confinement in the penitentiary for one year.

A search of the appellant’s house in June, 1926, developed the presence of five gallons of whisky. The appellant testified admitting the possession of the whisky but justified it upon the claim that it was intended for medicinal use. The testimony of the searching officer was improperly received due to the fact that it was affirmatively shown that the search warrant under which he acted was based upon an affidavit devoid of any statement of fact or…