Spann v. State

Appellant owns and operates a small general store in Noxubee County. He was indicted for receiving stolen goods, to-wit, one case of Winston Cigarettes of the value *272of $141.60 and one case of 12 gauge Superspeed shotgun shells of the value of $53.20, and was tried and convicted on this indictment and sentenced to serve a period of four years in the state penitentiary, from which he appeals.

It is necessary only that we consider one of the assignments of error. The whole case against the appellant is based upon a search of the premises on which his store is located, and at this search the…