Manly v. State

MORROW, Presiding Judge.

— The original opinion is withdrawn, and in lieu thereof the following remarks are made: Appellant was convicted of the unlawful possession of intoxicating liquor for the purpose of sale, and a penalty assessed against him of confinement in the penitentiary for one year.

The affidavit for the search warrant, as set out in bill' of exception No. 3, after describing the private residence, contains the following: “Said described private residence is occupied by negro, name unknown.”

In the affidavit there is no further description of the person. The requisites of an…