Huckabaa v. State

■ SAMFORD, J.

The conviction in this case was had before the court sitting as a jury, upon the testimony of two deputy sheriffs, who went into defendant’s home in his absence, without warrant, and searched the house. They found in a receptable in the dining table and under one of the leaves several bottles containing whisky. The defendant’s wife was present, but the defendant was not present, and there is no evidence connecting the defendant with the whisky. There is no guilty scienter shown, and the defendant should have been discharged. Tuggle v. State, 22 Ala. App. 89, 112 So. 540; Ammons…