DocketNumber: No. 25,150.
Citation Numbers: 177 N.E. 898, 202 Ind. 684
Judges: MARTIN, C.J.
Filed Date: 10/13/1931
Status: Precedential
Modified Date: 1/12/2023
Appellant was convicted for violating § 4, ch. 48, Acts 1925, § 2717 Burns 1926. Errors assigned here present the question of the admissibility in evidence of intoxicating liquor seized 1, 2. and information gained by police officers while making a search of appellant's premises under a search warrant (provided for by § 31, ch. 48, Acts 1925, § 2746 Burns 1926). The search warrant was issued without a sufficient showing that reasonable and probable cause existed for the search — there being neither a positive allegation of facts in the affidavit for the search warrant, nor a hearing of evidence by the issuing magistrate. Becker v. State (1928),
Judgment reversed, with instructions to sustain appellant's motion for a new trial.
Myers, J., absent.