Smith v. State

The plaintiff in error, hereinafter called defendant, Avas convicted in the county court of Kiowa county of the unlawful transportation of intoxicating liquor, and was sentenced to pay a fine of $300 and to serve 60 days in the county jail.

The facts are undisputed. Before trial a motion to suppress the evidence was filed on the ground that it had been obtained by an unlawful search. A hearing was had, and the motion was overruled. The case depends entirely on Avhether or not the evidence was obtained by an unlawful search. Upon this point the record shows that the sheriff and deputies saw…