Klaber v. State

The plaintiffs in error, here designated the defendants, were convicted of the illegal possession of whisky, with punishment of each fixed by jury at confinement in jail for six months; and payment of a fine of $500.

This conviction rests upon evidence obtained by means of a search and seizure, based upon an affidavit reciting that the affiant “has probable cause to believe, and does believe, that intoxicating liquors are kept for the purpose of sale * * * by Frank Klaber, in the Orpheum Theater Building Cook Confectionery.”

The Cook Confectionery was operated in a front corner room of the…