State v. Seipes

It is undisputed that tbe sheriff and his deputy, on September 17, 1925, found, in a ravine on the farm occupied by appellant as tenant, a quantity of mash and a still in operation, with alcohol dripping from the coil into a jar. The appellant and one Dorothy, his father-in-law, were at the still, lying on the ground, .talking. The mash was emptied out, and the still and the receptacles found with it were destroyed or removed by the officers at that time. This proceeding was commenced two days later.

The appellant asserts that the nuisance was. abated by the officers before the commencement of…