Walkenhorst v. State

EDWARDS, J

The plaintiff in error, hereinafter called defendant, was convicted in the county court of Logan county upon a charge of having the unlawful.' possession of intoxicating liquor, and was sentenced to pay a fine of $500 and to be imprisoned in the county jail for a period of 6 months.

The record discloses that on December 17, 1923, certain officers procured a search w'arrant, and searched the residence of defendant, and found therein a one-gallon jug of whisky. Defendant and his family testified that the same was kept for medicinal and family use.

The sufficiency of the affidavit for…