Frye v. State

Appellant and another, in the court below, were charged by affidavit with the unlawful possession, control and use of a still and distilling apparatus for the manufacture of intoxicating liquor, in violation of §1, Acts 1923 p. 107.

Appellant was separately tried by a jury, convicted, and judgment thereafter rendered on the verdict. His verified motion to suppress certain alleged evidence and his demurrer to appellee’s answer thereto for want of facts were each overruled. The ruling on the demurrer to appellee’s answer, and the overruling of appellant’s motion for a new trial are each assigned…