State v. Johnson

The opinion of the court was delivered by

Burch, J.:

The state appeals from an order requiring return of a liquor still and apparatus, obtained by unlawful search and seizure, and held for use as evidence in the trial of a liquor case.

On February 10, 1923, the persons holding the offices of sheriff and county attorney visited the premises of defendant. He was not at home and, without warrant for arrest, search, or seizure, or any pretense of lawful authority, they entered his dwelling house and other buildings, and found and carried away the articles referred to. ■ On February 12 complaint was…