Bailey v. State

The information in this case charges that in Noble county, December 4, 1925, Tip Bailey and Jap Bailey did unlawfully manufacture intoxicating liquor, to wit, whisky. A severance was granted. On his trial the defendant, Tip Bailey, was found guilty and his punishment fixed at a fine of $100 and imprisonment in the county jail for 300 days. From the judgment entered on the verdict, he appeals.

When the case was called for trial, the defendant interposed a motion to suppress the evidence on the ground that the same was obtained by an illegal search under authority of a search warrant issued upon…