Smith v. State

Smith and Stephens appealed from a judgment of the circuit court wherein they were convicted by a jury of unlawfully having intoxicating liquor in their possession.

The conviction was had upon testimony obtained by the sheriff of Pike county and his three deputies. The evidence was objected to on the ground that the state had not shown probable cause for the search. The officers of the law had no search warrant.

The following facts are essential to a decision of the case. On the 24th of September, 1930, E. T. Suddeth and C. A. Simmons, being deputy sheriffs of Pike county, were carrying a…