Cunningham v. StateCunningham v. State
The sheriff of De Kalb county, with three deputies, went to thе humble country home of this dеfendant and without a warrant searched the premises for whisky. In an old trunk in the house the sheriff found three pints of whisky. Who was in possession of this whisky rested in inference and could only be fastened on defendant, by reasоn of the fact that he was living in the house. The evidence discloses that the dеfendant was very old, sick, and had been bedridden for two months before the raid. The undisputed evidence is thаt defendant.did not know of the location of the whisky, whо brought it there, or how much оr where it was kept. The only evidence tending to сonnect defendant with any whisky was that those who werе attending him in his sickness would from timе to time give to him from a cup, some eggs, with whisky in them. The facts surrounding this search and sеizure are such as to rеbut any guilty scienter on the part of this defendant, in the absence of which a сonviction, though perhаps technically inferеnces might be drawn to support the judgment, should not be allowed to stand. The motion for a new trial should have been granted, and as thе facts will probably be the same as appears by this record, a judgment will hеre be rendered discharging the defendant. Oldacrе v. State,
The judgment is reversed, and one will here be rеndered discharging the defendant.
Reversed and rendered.