Fuqua v. State

Mr, Justice, Cook

delivered the opinion of the Court.

The plaintiff in error, referred to as defendant, was convicted of transporting intoxicating liquor. The jury assessed a fine of one hundred dollars and the trial judge added additional punishment of six months’ imprisonment. The defendant appealed and insists that the conviction should be reversed because the evidence was obtained by an unlawful arrest and search and should have been excluded.

Luther Cline, a constable, who arrested defendant, testified that he, Everett Cline, and Zeb Cline, were driving toward Oak Grove, in Sumner County,…