Smith v. State

Earl Smith, the appellant, was tried in the Connty Conrt of Hinds Connty on an affidavit charging him with the unlawful possession of intoxicating liquors. The case was appealed to the Circuit Court and the judgment of conviction was affirmed, and he was sentenced to pay a fine of $100 and serve thirty days in jail.

The evidence against him was procured upon a search warrant duly issued by a justice of the peace on the 14th day of May, 1938, but made returnable to the county court on the second Monday of July, 1938; and the fact that it was made returnable on the second Monday in July after…