Kimbrough v. State

ON MOTION FOR REHEARING.

MORROW, Presiding Judge.

As the evidence is understood, two peace officers, possessed of a search warrant, went to the home of the appellant and his wife and searched the premises. At the time of the arrival of the officers, the appellant and his wife were sitting out in the yard. The wife went hurriedly into the house, and shortly thereafter the officers observed whisky pouring out of the house and on the ground. About half a pint of whisky was recovered. The officers expressed the opinion that the amount of whisky upon the ground *194was a half gallon. The officers…