State v. Briggs

Faville, J. —

I. On March 5, 1927, the premises of the appellant were searched by the sheriff and assistants. A bottle containing intoxicating liquor was found in a cupboard on the porch of the house. A large number of empty bottles were found about the premises. There were several box~s of these, and also some cans and jugs. The evidence showed that certain .of the empty bottles, cans, and jugs were examined, and there was evidence that the odor of the contents was that of intoxicating liquor. The errors relied upon for reversal are in part as follows:

“1. The court erred in overruling…