Miller v. State
Mississippi Supreme Court
Apeal from circuit court of De Soto county. Hon. Greek L. Rice., Judge. Will Miller and another were convicted of unlawfully manufacturing intoxicating liquor, and they appeal. •The court should have sustained motion for appellant to exclude the testimony of state and discharge defendants. All the testimony was based on knowledge acquired in searching the premises without a search warrant and such evidence is not admissible. See Tucker v. State, 90 So. 845, et seq.
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Apeal from circuit court of De Soto county. Hon. Greek L. Rice., Judge. Will Miller and another were convicted of unlawfully manufacturing intoxicating liquor, and they appeal. •The court should have sustained motion for appellant to exclude the testimony of state and discharge defendants. All the testimony was based on knowledge acquired in searching the premises without a search warrant and such evidence is not admissible. See Tucker v. State, 90 So. 845, et seq. The alleged search warrant was merely an attempt on the part of the officers to evade the law in reference to obtaining a writ of…
1Opinion of the CourtSykes, P. J.
These appellants were indicted and convicted in the circuit court of the charge of unlawfully manufacturing intoxicating liquors.
The uncontradicted testimony in the case shows that several deputy sheriffs Avent to the home of the defendants, and there made a search of it and found a still used in manufacturing whisky. They also found what is commonly called mash’and probably a little whisky. At the time of this search and seizure one of the defendants was at home, but he hid from the officers during their search. The other defendant Avas in the field. He later came to the house, and Avhen…
2Cases cited2 opinions
- Tucker v. StateMississippi Supreme Court · 1922
- Williams v. StateMississippi Supreme Court · 1922
3Cited by10 opinions
- Smith v. StateMississippi Supreme Court · 1923
- In Re Presentment by Camden Co. Grand JurySupreme Court of New Jersey · 1961
- Cross v. Robert E. Lamb, Inc.New Jersey Superior Court Appellate Division · 1960
- Sykes v. StateMississippi Supreme Court · 1930
- Butler v. StateMississippi Supreme Court · 1922
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