State v. Dunivan

Defendant was charged by information with the possession of whiskey in violation of section 6588, Revised Statutes 1919, as amended by Laws of 1921, p. 413, and was convicted. Failing to get a new trial, he appealed.

The question of consequence presented in the record is the action of the trial court in overruling a motion to suppress the evidence alleged to have been obtained by an unlawful seizure and search. There is no claim that the officer had any kind of a warrant. The officer, W. M. Hurn, a special policeman at the time in the city of Kennett, merely on suspicion arrested defendant,…