Presley v. State

INZER, Justice:

Appellant Sam Presley was indicted, tried and convicted in the Circuit Court of Jackson County on a charge of illegal possession of gambling devices in violation of Section 2192, Mississippi Code 1942 Annotated (1956). He was sentenced to pay a fine of $2,000 and serve 60 days in the county jail. From this judgment he appeals and we reverse and discharge appellant.

' The controlling question to be decided is whether an agent of the Alcoholic Beverage Control Division of the State Tax Commission has the authority to serve a search warrant issued for the purpose of making a search…