Bynum v. State

Plaintiff in error, hereinafter called defendant, was convicted in the county court of Harmon county of the unlawful possession of a still, and his punishment fixed by the jury at a fine of $50 and imprisonment in the county jail for a period of 30 days.

It is first contended the trial court erred in overruling defendant’s motion to suppress the evidence.

Defendant filed a timely motion to suppress the evidence and submitted the affidavit for search warrant and the warrant with the return thereon to the trial court, at which time the motion to suppress was denied.

An examination of the affidavit…