People v. Tamosaitis

Defendant reviews his- conviction by writ of error on a charge of illegal possession of intoxicating liquor.

A motion was made to suppress the evidence obtained under the search warrant under which defendant’s premises were searched. No evidence was submitted in support of the motion. It was based, as stated therein, upon “the testimony produced at the preliminary examination. ’ ’ This testimony does not appear in the record. We cannot say that there was error in the denial of the motion.

After the defense had rested, the people called Robert Tetro as a witness in rebuttal. Objection was made…