Massantonio v. People

Plaintiff in error, hereinafter referred to as defendant, was fined $300 and sentenced to jail for sixty days on a verdict of guilty of unlawfully possessing intoxicating liquor. To review that judgment he firings error.

Defendant contends that the only evidence supporting the verdict was obtained by an unlawful search of his residence, made by the sheriff without warrant, and that prior to and during the trial defendant took all proper steps to recover, suppress and strike out said evidence. Assuming, without deciding, the correctness of these contentions we address ourselves to the…