Schreiber v. State

Appellant was charged by affidavit in one count with maintaining a common nuisance under Acts 1925, ch. 48, §24, §2740 Burns 1926, tried by the court, found guilty, fined $100 and sentenced to 90 days’ imprisonment. The error assigned is the overruling of appellant’s motion for a new trial, wherein he alleged that the finding is not sustained by sufficient evidence, is contrary to law and that the court erred in overruling his motion to strike out all the evidence discovered at the time of a search of his premises.

The objection to the evidence obtained by officers during a search under a…