Mathis v. State

DAVIDSON, Judge.

Peace officers went to the home of appellant for the purpose of executing a search warrant authorizing a search for intoxicating liquor.

Appellant was at home and, upon being advised as to the purpose of their visit, told the officers that he had some whisky in the house “setting on the ice-box.” The officers found “a half-pint whiskey bottle, and it had a drink or so in the bottle.” They told appellant they were not looking for such a small amount of whisky. One of the officers then asked him for the key to the box in his garage. Appellant gave the officer the key, with which…