Tucker v. State

DICE, Judge.

The conviction is for the unlawful possession of wine for the purpose of sale in a dry area with two prior convictions for offenses of like character alleged for the purpose of enhancement ; the punishment, 4 years in jail and a fine of $4000.

*114The disposition hereof makes a summary of the facts unnecessary.

Formal Bill of Exception No. 2 certifies that on the trial of the cause the state introduced into evidence before the jury the affidavit for the search warrant over the timely objection of the appellant.

The affidavit was clearly hearsay and, under the record presented, its…