State v. Easterwood

NOBLE, Justice.

The defendant was tried before the court without a jury and convicted of possessing alcoholic liquor for the purpose of sale without a license in violation of § 46-10-1, N.M.S.A. 1953 Comp. From the judgment and sentence the defendant appeals.

At 3 o’clock a. m. on March 17, 1960, the sheriff of Roosevelt County, accompanied by six men, went to the home of the defendant in Portales and searched his home under authority of a search warrant. The defendant was alone in the house and apparently asleep. All the lights were out. The search revealed one pint of whiskey in defendant’s…