Byrd v. State

Appealing from a conviction of possessing' a still, error is assigned alone on the admission of the testimony of the officers who searched the premises of the defendant without a warrant. The State’s insistence is that the entry and search were by the consent of the wife, in the absence of the husband.

The sheriff testified that, accompanied by two. deputy sheriffs, “I went to the premises where the defendant Byrd lived. I went to the door and defendant’s wife and her mother were there. I asked them where the defendant was, and they said he had gone to pick salad. I told defendant’s wife I had…