State v. Munger

Kimball, Chief Justice.

The defendant appeals from the sentence on a verdict finding him guilty of possessing whiskey contained in a pint bottle found and seized by the sheriff in a search of defendant’s automobile.

Before the trial, defendant filed a petition alleging that the search of his automobile and the seizure of the whiskey were unlawful, and asking that all evidence obtained thereby be suppressed. The petition was denied, and the evidence was used by the state on the trial. The denial of the petition is assigned as error.

On August 15, 1930, there was a large crowd present at a…