State Ex Rel. Merrell v. District Court

delivered the opinion of the court.'

On July 25, 1924, E. M. Howell, a deputy sheriff of Gallatin county, made affidavit before a justice of the peace, and secured a warrant to search certain described buildings. On the fol lowing day Ilowell, with the sheriff, entered one of the buildings and seized 170 gallons of mash, an incomplete still, and Various other articles. On July 31, an information was filed in the district court charging C. J. Merrell with having in his possession on July 25 property designed for manufacturing intoxicating liquor. Thereafter the defendant entered a plea of not…