State v. Lee

BEAN, J. —

The defendant contends that the building where the mash, wort and wash were found was within the curtilage of his dwelling-house, and that the search thereof could not be regularly made without a warrant. It is contended on behalf of the state as follows:

“1. This search was legal because the officer followed his nose and located mash then fermenting and a crime was then being .committed in his presence.

“2. That section 9, Art. I of the Constitution has no application to intoxicating liquor, mash, wort, wash or stills, because such are contraband in which there can vest no title and…