Kelley v. State

HARWOOD, Presiding Judge.

This appellant has been convicted of buying, selling, having in possession, etc., prohibited liquors, in violation of Title 29, Section 98, Code of Alabama 1940.

Sometime prior to trial the appellant filed a motion to suppress the evidence in connection with this case in that it was obtained by means of an illegal search of the private dwelling of the appellant, the search being made without a search warrant.

This motion will be adverted to later.

The evidence presented by the State tends to show that Jack Benton, an Alcoholic Beverage Control Board Enforcement Officer,…