Briscoe v. State
Supreme Court of Arkansas
Appeal from Polk Circuit Court; James 8. Steel, Judge; It being admitted that the officers, Tisdale and Hazel, had no warrant authorizing them to search the premises of the appellant and Benson, it was error to permit them to testify as to what they found as the result of such illegal search, and to admit evidence of anything found at Benson’s or of anything he said. Amendment No. 4, Constitution, TJ.
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Appeal from Polk Circuit Court; James 8. Steel, Judge; It being admitted that the officers, Tisdale and Hazel, had no warrant authorizing them to search the premises of the appellant and Benson, it was error to permit them to testify as to what they found as the result of such illegal search, and to admit evidence of anything found at Benson’s or of anything he said. Amendment No. 4, Constitution, TJ. S.; 116 U. S. 616; Id. 746; 232 Id. 652; Id. 383; 270 Fed. 578; 233 Id. 481; 263 Id, 113. 1. Exceptions saved to the giving of instructions without first having' objected thereto and sustained…
1Opinion of the CourtHumphreys, J.
This is an appeal from a judgment of conviction and sentence to the penitentiary for one year .of appellant, for manufacturing and being interested in the manufacture of ardent, vinous, malt, fermented, intoxicating, spirituous, and alcoholic liquor. Appellant was convicted upon circumstantial evidence J. T. Tisdale, a United States Government prohibition enforcement officer, being informed that appellant was interested in operating a still in Polk County, met appellant .on the highway, near appellant’s home, and searched his person, and found a pint of moonshine whiskey in his pocket, then…
2Cited by2 opinions
- Venable v. StateSupreme Court of Arkansas · 1923
- McGarity v. StateSupreme Court of Arkansas · 1922