Branch v. State

Decision Date10 December 1934
Docket Number31497
CourtMississippi Supreme Court
PartiesBRANCH v. STATE

Division A

CRIMINAL LAW. Intoxicating liquors.

Sheriff who was informed by informant that he had been informed that accused would transport liquor held unauthorized to search accused's automobile without warrant, and hence evidence so obtained was inadmissible since evidence on which officer is justified in making search without warrant must be such as would have served as predicate for issuance of warrant therefor.

HON. S F. DAVIS, Judge.

APPEAL from the circuit court of Leflore county HON S. F. DAVIS Judge.

J. P. Branch was convicted of possession of intoxicating liquor, and he appeals. Reversed and remanded.

Reversed and remanded.

O. L. Kimbrough, of Greenwood, for appellant.

While under the law of this state an automobile may be searched on probable cause without a warrant, the probable cause must be such as would legally justify the issuance of a warrant if one were applied for.

Lenoir v. State, 132 So. 325; Patton v. State, 135 So. 352; State v. Messer, 108 So. 145.

The law does not authorize an officer to make a search on mere information of the informant, but the information must be communicated as a fact within the knowledge of the person communicating the information.

Elardo v. State, 164 Miss. 638, 145 So. 615.

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

The informant clearly knew nothing of his own personal knowledge and this character of search, in my judgment, is clearly condemned by the court in the case of Elardo v. State, 164 Miss. 628, 145 So. 615.

OPINION

Smith, C. J.

This is an appeal from a conviction for the possession of intoxicating liquor. The appellant's principal assignment of error is that the evidence on which he was convicted, and which was introduced over his objection, was that of a police officer who obtained it by an unlawful search of the appellant's automobile.

The search was made by the sheriff of the county, who stated that he searched the appellant's automobile without a warrant therefor on a statement to him by Coppage that he, Coppage, had been informed that the appellant would drive a Chevrolet coupe into Itta Bena with a load of whisky therein. Acting on this information, the sheriff patrolled the road on which he was informed the appellant would travel to Itta Bena, and when the appellant approached him,...

To continue reading

Request your trial
1 cases
  • Franklin v. State
    • United States
    • Mississippi Supreme Court
    • June 10, 1940
    ...145 So. 615; Mapp v. State, 114 So. 827; Miller v. State, 129 Miss. 774, 93 So. 2; Falconer v. State, 134 Miss. 253, 98 So. 691; Branch v. State, 157 So. 875; McGowan State, 185 So. 826; Messer v. State, 108 So. 144; Lenoir v. State, 132 So. 325; Ford v. City of Jackson, 121 So. 278; Butler......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT