Homolko v. State

The appellant was charged in an indictment of four counts with violations of the liquor laws by, (1) receiving, (2) possessing, ($) transporting, and (4) manufacturing intoxicating liquor.

The evidence was obtained by officers through an illegal search of the premises occupied by the appellant. After indictment the accused filed a petition alleging that the seizure of beverages found on the premises was illegal and asked for its return.

When the cause was called for trial upon the indictment, the District Attorney announced that the seizure was unlawful, because the search warrant was void.…