Whitehead v. State

SAMFORD, Judge.

Defendant and his wife were the joint owners and 'in the joint possession of the home where they lived together as husband and wife. In June, 1934, the officers searched the premises and found three gallons of whisky in the loft to the house, and four quarts in the pockets of the dress then being worn by the wife. The defendant was present when the search was made and when the three gallons were found, and when the officers continued to search, the defendant said, “Mr. Earl, that is all there is up there.”

There is no question as to the corpus delicti. The only question is, Did…