HUTCHENS v. STATE

Attorney(s) appearing for the Case

Hicks & Culbert, for plaintiff in error.

Chastine Parker, Solicitor, contra.

Nonie Hutchens was tried and convicted in the City Court of Floyd County on the charge of possessing non-tax-paid liquor. The undisputed evidence showed that prohibited liquor was discovered in a trap constructed in the kitchen, and on a shelf on the back porch; that the defendant and her husband lived together in the home; that on some occasions she paid the rent and on others he paid it; and that the defendant was asleep in her bedroom when the police officers arrived, and was awakened by her daughter, the husband being absent at the time. The statement of the defendant, who denied knowledge of the liquor, was that her daughter awakened her with the words, "Get up, they have found whisky here," to which she replied, "They did? Where?" A police officer testified that the daughter used the words, "Wake up, get up, they have found your whisky."