Hamilton v. State

Appellants, Ed Hamilton and Alex Quick, were convicted of the unlawful possession of intoxicating liquor in a justice of the peace court of Lamar county, and appealed from that conviction to the circuit court.

It appears that one Tatum, the town marshal of Lumberton, accompanied by the constable of the district, arrested appellants in the town of Lumberton and searched their car in which a quantity of intoxicating liquor was found. No affidavit had been made, and no search warrant procured prior to the arrest and search.

On the trial in the circuit court, on a preliminary inquiry as to the…