Caldwell v. State

The plaintiff in error, hereinafter referred to as the defendant, was convicted of having possession of intoxicating liquor and sentenced to pay a fine of $250 and costs, and to be confined in the county jail for 60 days; and has appealed.

When the case was called for trial, both parties waived a jury and agreed to try the case to the court. The state called Murray Barton as its witness. The defendant objected to the witness testifying to anything he found at the home of the defendant or on the curtilage of the defendant’s home until it had been shown by the state in the manner provided by law…