Elliott v. State

The plaintiff in error was found guilty of unlawfully storing intoxicating liquors for purposes of sale, and has appealed in error to this court.

The conviction rests upon evidence obtained through the instrumentality of a search warrant, which it is said was improperly issued. The search warrant is attacked for a number of reasons; among others, because it was issued upon an affidavit made “on information and belief.” It is conceded by the State that such an affidavit is insufficient. 24 R. C. L., 708, and cases collected in note 13 A. L. R., 1318.

The relevant provisions of our Code are as…