Balch v. State

The offense is possession of intoxicating liquor for the purpose of sale in a dry area; the punishment, a fine of $100.00 and confinement in jail for 60 days.

Operating under what they thought to be a sufficient search warrant, officers went to appellant's private residence for the purpose of making a search for intoxicating liquor. Two of the officers went to the back door. At this juncture we quote from the testimony of one of said officers, as follows: "I didn't break in. Davis and I went to the back door, and Davis pushed in the door." After gaining entry in the manner mentioned, the…