Cope v. State

Cope was indicted for possessing a still and manufacturing whiskey. The jury returned a general verdict of guilty and fixed his fine at $250, to which the trial court added a workhouse sentence of ninety days.

The plaintiff in error had his still in operation in his kitchen, when officers entered his home about midnight and arrested him.

The only question involved is the legality of the testimony offered by the State, it being conceded that the officers had no valid search warrant.

It appears that the dwelling house of the plaintiff in error is located in a yard enclosed by a fence. The distance…