Drake v. State

Appellant was adjudged guilty of the offense of possessing, controlling and using a still- for the manufacture of intoxicating liquor, as defined by Acts 1923, ch. 33, §1.

Before arraignment and plea to the charge, appellant filed his verified amended motion to quash the search warrant, and the return of the service thereof, and for an order for the suppression of the evidence obtained by virtue of such warrant and its execution. This motion was submitted to the court for adjudication, without attack by any motion or demurrer, and without answer thereto by the appellee. The court overruled the…