State v. McMilliam

Upon the call of the case for trial, and before pleading to the indictment, the defendants made a motion to suppress the State’s evidence, for the reason that the State’s evidence was procured by an unlawful search warrant, or secured without a search warrant, and was, therefore, incompetent as evidence. The court stated that it would reserve its ruling on the motion, until after the State had rested its case. Whereupon, the defendants entered pleas of Not Guilty.

After the jury was impanelled the State offered its evidence, which tended to show these facts. On 12 May 1955 Wayne Lane, a Deputy…