Taylor v. State

Mississippi Supreme Court

Taylor v. State

93 So. 355, 129 Miss. 815

CourtMississippi Supreme Court

DecidedOctober 15, 1922

DocketNo. 22590

StatusPublished

Cited by6 cases

This text of 93 So. 355 (Taylor 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

Taylor v. State, 93 So. 355, 129 Miss. 815 (Mich. 1922).

Pincite

Opinion

Cook, J.,

delivered tlie opinion of the court.

The appellant was convicted in the circuit court of Tate county of unlawfully having in his possession intoxicating liquor, and from the judgment sentencing him to pay a fine and costs he prosecutes this appeal.

The entire evidence upon ivhich this conviction is based was secured as a result of a search of appellant’s buggy by the sheriff and his deputies, and the seizure of certain alleged intoxicating liquor found in the buggy. At the time the search and seizure ivas made the appellant ivas under arrest, and the search ivas made without a search warrant, and without the consent of appellant. The evidence obtained as a result of this illegal search and seizure was inadmissible. Tucker v. State (Miss.), 90 So. 845; Williams v. State (Miss.), 92 So. 584; Will Butler v. State (Miss.), 98 So. 3.

For the error of the court below in overruling defendant’s motion to exclude the evidence offered on behalf of the state, and to direct a verdict of not guilty, this cause is reversed, and judgment entered here discharging the appellant.

Reversed, and appellant discharged.

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Cook, J.,

delivered tlie opinion of the court.

The appellant was convicted in the circuit court of Tate county of unlawfully having in his possession intoxicating liquor, and from the judgment sentencing him to pay a fine and costs he prosecutes this appeal.

The entire evidence upon ivhich this conviction is based was secured as a result of a search of appellant’s buggy by the sheriff and his deputies, and the seizure of certain alleged intoxicating liquor found in the buggy. At the time the search and seizure ivas made the appellant ivas under arrest, and the search ivas made without a search warrant, and without the consent of appellant. The evidence obtained as a result of this illegal search and seizure was inadmissible. Tucker v. State (Miss.), 90 So. 845; Williams v. State (Miss.), 92 So. 584; Will Butler v. State (Miss.), 98 So. 3.

For the error of the court below in overruling defendant’s motion to exclude the evidence offered on behalf of the state, and to direct a verdict of not guilty, this cause is reversed, and judgment entered here discharging the appellant.

Reversed, and appellant discharged.

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Bluebook (online)

93 So. 355, 129 Miss. 815, Counsel Stack Legal Research, https://law.counselstack.com/opinion/taylor-v-state-miss-1922.

Opinion

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