Mapp v. State

Etiíridoe, J.,

delivered the opinion of the court.

The appellant, Mapp, was indicted and convicted for an attempt to manufacture intoxicating liquor, and sentenced to a term in the state penitentiary, from which he prosecutes this appeal.

The evidence wqs procured by an officer without a search warrant or warrant for the arrest of Mapp, and, when this evidence was offered by the state, it was ob jected to by the appellant on the ground that it was illegally obtained. Thereupon evidence was taken before the trial judge, in the absence of the jury, in which evidence it appeared that the constable…