Smith v. State

Appellant was found guilty of the unlawful possession of intoxicating liquors and sentenced to pay a fine of $500 and to serve ninety days in jail. .He appealed.

He filed a plea of former jeopardy. The trial judge denied the plea. This is argued as error. That action was taken under these circumstances. The Sheriff of Simpson County, with two of his deputies, armed with a proper warrant, on April 19, 1952, at 6:30 o’clock in the evening, searched the combination store and home of appellant, and therein found a quantity of whiskey. The sheriff did not make affidavit against appellant but waited…