Smith v. State

Appellant, John Smith, was convicted of having whisky in a greater quantity than one quart in his possession. The indictment charged that John Smith and Bonnie Jean Johns had the whisky in possession on the 4th day of April, 1926. The indictment was returned into open court on May 5, 1926,' and filed on that day. The proof showed that on the 2d day of May, 1926, officers of the law were lying in wait near a little church in the region of McLaurin, Miss., and in close proximity to a certain gopher hole in which they found secreted a pint, bottle of whisky. Pretty soon John Smith, • defendant,…