Lucas v. State

CHRISTIAN, Judge.

The offense is manufacturing intoxicating liquor, the punishment confinement in the penitentiary for one year.

Operating under a search warrant, officers discovered a still in operation in a house occupied by appellant. Although appellant’s wife, who had become sick, was at the home of John Lucas at the time of the raid, we think the record reflects the fact that the house entered by the officers was appellant’s private dwelling. The wife of appellant was, according to one of appellant’s witnesses, staying at the home of John Lucas during her illness.

The affidavit upon which…