State v. Gillam

This is an appeal from a second trial. A jury at the November, 1940, term of the district court disagreed seven to five. ' A search warrant was issued on July 18', 1939, signed by the county attorney on information and belief which fact forms the basis for a large part of appellant’s complaint. Under the authority of this warrant appellant’s tavern was searched and something over twenty-two quarts of liquor in different sized containers were seized. There were also found four small glasses described as “shot” or whiskey glasses. Appellant argues that the search warrant not being based on…