Sherrill v. State

Abe Sherrill was charged by an information filed in the county court of Kay county with the unlawful sale of one pint of whiskey; was tried, found guilty by verdict of a jury, who, being unable to agree upon the punishment, left the same to be fixed by the court. Thereafter, the defendant was sentenced to serve the maximum punishment of six months imprisonment in the county jail and to pay a fine of $500 and costs.

On appeal, two assignments of error are presented. Eirst, the evidence of the officer relative to a search of defendant’s premises subsequent to the alleged sale of liquor was not…