State v. Kinnear

The defendant was charged by information with the crime of being a bootlegger. He seasonably moved to suppress as evidence the intoxicating liquor seized by the officers at the time of the arrest, on the ground that the search and seizure were with out a warrant and without probable cause, in violation of the Fourth and Fifth Amendments to the Federal Constitution, and § 7, Article I of the state constitution. The motion being denied, the cause was called for trial, and, at the conclusion of the prosecuting attorney’s opening statement to the jury as to what he intended to prove, the court…