Weldon v. State

On Rehearing.

In his brief in support of the State’s application for rehearing, the Attorney General argues that the Sheriff having made an affidavit in connection with the search warrant that he had probable cause for believing liquor was in appellant’s house, taken in connection with what the Sheriff observed, was sufficient for the Sheriff to know that a misdemeanor was being committed in his presence.

We have already concluded that the Sheriff’s observations from outside the house, and under the Sheriff’s own testimony, failed to establish positively that a crime was being committed in his…