Hoyer v. State

Defendant’s uncontradicted affidavit used before the preliminary examination and again before trial disclosed that the automobile and the five bottles of liquor were possessed by the officers as the result of an unlawful search and seizure and such should have been so held as a matter of law. When the same question is considered in connection with the testimony given b}? the deputy sheriffs on the preliminary examination and again at the trial the result is the same. Under their testimony the situation presented to these officers at the time they entered the automobile and took its contents…