Talley v. State

The officers (a constable, a deputy sheriff, and two members of the State Highway Patrol) searched Ray Talley’s premises and found in his dwelling house a quantity of sugar and in his smokehouse some mash and malt corn such as is commonly used in manufacturing liquor.

Upon the evidence thus obtained by the search, Talley was indicted, tried and convicted of unlawful possession of apparatus for the purpose of manufacturing intoxicating liquors, and sentenced to pay a fine of $150 and to serve 30 days in jail.

He appealed in error and insists that the Trial Judge erred in admitting the evidence…