People v. Lenic

Defendants, husband and wife, were convicted and sentenced for unlawful possession of intoxicating liquor, and they bring error. The evidence was obtained under a search warrant issued on an affidavit fair on its face. On search of the home of defendants, nearly eight gallons of moonshine whisky were found. A motion to suppress the evidence so obtained was made, heard, and denied. This motion, hearing thereon, and formal denial thereof, are not in the record. Later present counsel for defendants was retained. He filed a second motion to suppress, on the same grounds, so far as here material,…