Norman v. State

Mississippi Supreme Court

Norman v. State

146 So. 639, 167 Miss. 690, 1933 Miss. LEXIS 89

CourtMississippi Supreme Court

DecidedMarch 13, 1933

DocketNo. 30362.

StatusPublished

Cited by1 cases

This text of 146 So. 639 (Norman v. State) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Norman v. State, 146 So. 639, 167 Miss. 690, 1933 Miss. LEXIS 89 (Mich. 1933).

Pincite

Opinion

Ethridge, P. J.,

delivered the opinion of the court.

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.

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