State v. Rollinger

The only question on appeal that deserves consideration arises from the following facts: About April 1, 1928, two officers searched the dwelling house of the defendant, and found therein five bottles of intoxicating liquor. Before the commencement of the trial, the defendant filed a petition in the district court, asking that these bottles of liquor be returned to him, as they had been procured by illegal search and seizure. The court refused this petition, and on the trial of the case they were offered and received in evidence. When offered, they were objected to on the ground that they had…