Boyd v. State

Appellant was indicted and convicted in the circuit court of Smith county of the crime of possessing intoxicating liquor, and fined in the sum of five hundred dollars and sentenced to serve ninety days in jail. From that judgment he prosecutes this appeal.

Intoxicating liquor, twenty-one pints, was found near the home of appellant by the sheriff of Smith county and two of his deputies as the result of a search of appellant’s premises. The evidence secured as the result of the search was essential to prove appellant’s guilt; without it the state had no case against him. Appellant objected to…