Winters v. State

Smith, C. J.,

delivered the opinion of the .court.

This is an appeal from a conviction for having a still in possession. The evidence on which a conviction was had was obtained by means of a search of the appellant’s premises pursuant to a warrant therefor. The affidavit on which the warrant was issued was made under chapter 244, Laws of 1924, by a deputy sheriff, who had no actual knowledge of the matters alleged in the affidavit, but made the affidavit on information and belief. The affidavit was not signed by the affiant, but the jurat of the justice of the peace before whom the affidavit…