State v. Chuchola

Pennewill, C. J.,

delivering the opinion of the majority of the court:

In this case, which may be termed a “house” case, in contradistinction to a “street” case, the house of the defendant was searched by police officers, resulting in the discovery and seizure of more than one quart of spirituous liquor.

It is admitted by the state that the warrant under which the search was made was insufficient and illegal, not being in the form prescribed by law, and that, the court may, therefore, consider that the search and seizure were made without a warrant.

The statute under which the defendant was…