Opinion
Nos. 24,398, 24,399.
Filed January 6, 1926.
From Posey Circuit Court; Herdis F. Clements, Judge.
Joseph Aldridge and William Aldridge were convicted of having possession of a still for the manufacture of intoxicating liquor, and they appeal. Reversed.
W.D. Hardy, for appellants.
U.S. Lesh, Attorney-General, Edward M. White, Assistant Attorney-General and Mrs. Edward Franklin White, Deputy Attorney-General, for the State.
These appellants were arrested when the house where they were found was entered and searched by officers holding a search warrant that had been issued and used in making a search of the same premises several days before, and had been used again in making a like search each day afterward until appellants were found there, and evidence was admitted of what the officers discovered in making the last search. On the authority of McDaniel v. State (1926), ante 179, each of the judgments is reversed, with directions to sustain each motion for a new trial.