Miller v. State

We shall assume that the jury had a right to believe the statement of the sheriff that Butler handed *481the bottle to him upon demand. For searching the premises themselves no search warrant was necessary. Sec. 165.01, sub. (30c), Stats. So the evidence introduced was competent, and the only question that arises is as to its sufficiency to sustain a conviction. The court instructed the jury as follows: “The liquor, being in the room or immediately adjacent in a cellar or passageway connected therewith, was under the control of Butler if Butler knew of its presence or had it in his hand long…