State v. Kelsey

Statement.

BeoNSON, J.

This is a criminal prosecution for unlawfully possessing intoxicating liquors. The state has appealed from an order advising a verdict of acquittal and from the judgment of acquittal. At the trial the only witnesses called were the justice of the peace and the sheriff. The state attempted to prove, through an affidavit for a search warrant and the sheriff’s return thereupon, that the premises described therein were searched, certain intoxicating liquors found and taken into sheriff’s custody. The offer of such evidence, upon objection made, was refused. TÍie defendant…