Newton v. State Ex Rel. Atty. Gen.

GARDNER, Justice.

Homer Newton was tried before the court without a jury upon the charge of having illegal possession of prohibited liquor. Sections 4615, 4621, Code 1923.

Upon review by the Court of Appeals, the judgment of conviction by the trial court was reversed and a judgment entered discharging the defendant, and to review this latter ruling the State presents this petition for certiorari.

The opinion of the Court of Appeals discloses that the defendant was in the woods by the side of the road where his car was parked. The officers arrived and arrested him, testifying that he had in his…