Walker v. State

From a conviction in the county court of Choctaw county on a charge of transporting whisky, the plaintiff in error, hereinafter called the defendant, has appealed. The only reason assigned for reversal is that the court permitted evidence obtained by an unlawful search of the defendant to be introduced in evidence.

The record discloses that one Nesbit, a constable, without any warrant, was on the highway at night look-' ing for some- person or persons, and the defendant came along and was stopped by the officer, who questioned him. The defendant appeáred to be drinking, and the officer…