Harvey v. State

Mr. Chibe Justice Green

delivered the opinion of the Court.

The defendant was convicted of the unlawful possession of liquor, fined $100', and given a jail sentence of sixty days.

The. evidence upon which the conviction rests came as the result of a search made under a search warrant. Objection was taken to the admission of such proof and we think that the evidence was improperly admitted, that the search warrant was unlawfully issued and the ensuing search unauthorized.

The warrant appears to have been issued on December 26, 1932. Such is the date it bears. The affidavit upon which the warrant…