Evans v. State

Appellant, L. O. Evans, was convicted on a charge of unlawful possession of intoxicating liquor, and in accordance with the verdict of the jury was sentenced to confinement in the county jail for six months and to pay a fine of $500, and he appeals.

Of the errors assigned it is only necessary to consider the one, that the court erred in admitting evidence that was obtained by an unlawful search of his home.

The evidence on the part of the state showed that two deputy sheriffs and a federal prohibition enforcement officer invaded the home of the defendant, at 11 o’clock at night on the date…