Hiatt v. State

The information in this case charges that Herb Hiatt, Homer Hart, and W. M. Brannon did have in their possession certain intoxicating liquors, to wit, 19 gallons of corn whisky, with the unlawful intent to sell the same. The record shows that when the case was called for trial, the defendant Homer Hart not ap pearing, his bond was forfeited. Appellants filed a motion for continuance by reason of the absence of said codefendant, Homer Hart, a material witness in their behalf, which motion was properly overruled.

A motion to suppress the evidence was also filed on the ground that the evidence in…