Hyatt v. State

Appellant, M. H. Hyatt, was convicted on a charge of unlawful possession of intoxicating liquor, and, in accordance with the verdict of the jury, was sentenced to pay a fine of $160, and to imprisonment in the county jail for 60 days.

The errors assigned are, in substance, that the court erred in admitting incompetent evidence on the part of the state, which evidence was obtained by an illegal search of the private residence of the defendant, under a void search warrant.

The affidavit for the search warrant issued by Chas. W. McDonald, justice of the peace, recites “that intoxicating liquors…