CARLISLE, Judge.
1. Lester Bobo was charged in the City Court of Floyd County in a special accusation with the possession of non-tax-paid whisky on August 14, 1959. The officers testified that they observed the house wherein the defendant resided for some time and that the defendant, whom one of the officers positively identified, came out of his house and out the back gate onto an old railroad bed, or right-of-way, and stooped down, "scratched around" and opened...
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