Allen v. State

Ms,. Jtjstxce Cook

delivered the opinion of the Court.

Plaintiffs in error were convicted of manufacturing whiskey, fined $250 each, and each imprisoned for six months. It is urged that the conviction should be reversed (1) because the evidence obtained through an unlawful invasion of the premises and by an unlawful search and seizure was erroneously admitted over the objection of plaintiffs in error, and (2) for error of the trial judge in refusing to submit to the jury the determination of whether or not the facts disclosed an unlawful invasion of premises occupied by the accused parties.

Evide…