State v. Montgomery

Lively, Judge:

On March 4, 1922, the circuit court, upon a verdict of guilty as charged in the warrant, sentenced defendant to confinement in jail for 90 days and to pay a fine of $300, to which judgment and sentence this writ was awarded.

The warrant charged defendant with unlawfully having in his possession a quantity of moonshine liquor, in January, 1922, contrary to law. The evidence on which defendant was convicted was obtained by virtue of a search and seizure *156warrant issued prior to the warrant on which be was convicted, and the case turns upon the legality of the issuance and execution…