Thompson v. State

The appellants were jointly tried and convicted on an information charging that they did have in their possession 35 bottles of Choctaw beer, said beer containing more than one-half of 1 per cent, of alcohol measured by volume, and in accordance with the verdict of the jury were each sentenced to pay a fine of $75 and to be confined in the county jail for 45 days. To reverse the judgment they appeal.

The record shows that when the case was called for trial appellants filed a motion to suppress the evidence, because the same was obtained by an unlawful and unauthorized search of their home. In…