Tongut v. State

Appellant was convicted of possessing a still intended for use in violation of the prohibition law. Overruling his motion for a new trial is assigned as error. By a motion made before the jury was sworn, appellant sought to suppress certain evidence that had been obtained by an alleged illegal search of his premises. The motion was filed on May 28, 1923, and was overruled on the twenty-seventh of the following September, for the reason, among others, that the clerk of the court before whom appellant claims to have made' oath to the facts on which the motion. was based, after the words…