Sherow v. State

DISSENTING OPINION.

LATTIMORE, Judge.

My brethren are reversing this case. I cannot agree to the reversal. My reasons follow. A statement of the facts is necessary in order that my reasons for this dissent may be thoroughly understood.

Appellant is a negro, and about a quarter of a mile from his house lived his brother, and in the community were other negro houses. Officers went to the home of Laura Jones on the morning of this occurrence, and had a search warrant to search her place. She told them that there was whiskey at appellant’s place. The sheriff then wrote appellant’s name in the search…