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Norman v. State

Supreme Court of Mississippi, Division B
Mar 13, 1933
146 So. 639 (Miss. 1933)

Opinion

No. 30362.

March 13, 1933.

APPEAL from the Circuit Court of Noxubee County.

Chas. Richardson, of Macon, for appellant.

W.D. Conn, Jr., Assistant Attorney-General, for the state.

Briefs of counsel not found.


D.C. Norman was convicted for transporting intoxicating liquor, and was sentenced to serve sixty days in the county jail and pay a fine of two hundred dollars and costs, from which conviction he appeals here.

The evidence upon which this conviction was based was obtained by the sheriff by searching a car, without a search warrant, driven by the appellant and another. The information upon which the sheriff acted was wholly insufficient to constitute probable cause.

This case is controlled by the case of Elardo v. State (Miss.), 145 So. 615, which had not been decided at the time the case at bar was tried in the court below.

The evidence, apart from what was found in the search, being wholly insufficient to sustain the conviction, the peremptory instruction should have been granted.

Reversed and dismissed.


Summaries of

Norman v. State

Supreme Court of Mississippi, Division B
Mar 13, 1933
146 So. 639 (Miss. 1933)
Case details for

Norman v. State

Case Details

Full title:D.C. NORMAN v. STATE

Court:Supreme Court of Mississippi, Division B

Date published: Mar 13, 1933

Citations

146 So. 639 (Miss. 1933)
146 So. 639

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