Jacobs v. State

Summarized, the testimony in this case does no more than show that within the boundaries of the unfenced and uninclosed yard of the appellant there was found, at a distance of some 15 or 20 feet from his house, in an old “sink hole” or “flower pit,” a five-gallon jug, containing something more than a gallon of whisky. The “public road” ran near by — another freely traveled road ran still nearer by. According to the uncontradicted testimony, “there was a road that runs by the side of the house, the north end of it, that winds down through a field and leads off from the main public road. You…