Montgomery v. State

MORROW, Presiding Judge.

The offense is the unlawful possession of intoxicating liquor for the purpose of sale; punishment fixed at confinement in. the penitentiary for a period of two years and six months.

An officer testified that, acting under a search warrant, he searched the automobile of the appellant and found therein two half-gallon jugs full of whiskey. The reception of this testimony was opposed upon the ground that the search warrant was invalid because issued upon an insufficient affidavit. The affidavit states in direct terms that Willie Montgomery was the owner and in possession…