State v. Silver

• Decision Date: 03 December 1926
• Docket Number: No. 25552.,25552.
• Citation: 211 N.W. 463,169 Minn. 513
• Parties: STATE v. SILVER.
• Court: Minnesota Supreme Court

169 Minn. 513

211 N.W. 463

STATE

v.SILVER.

No. 25552.

Supreme Court of Minnesota.

Dec. 3, 1926.

Appeal from Municipal Court of Minneapolis; Clyde R. White, Judge.

Mrs. Fogen Silver was convicted of manufacturing liquor, and she appeals.Affirmed.Donald G. Hughes and Neil Hughes, both of Minneapolis, for appellant.

C. L. Hilton, Atty. Gen., and Neil M. Cronin, of Minneapolis, for the State.

PER CURIAM.

Defendant was convicted of manufacturing intoxicating liquor, and appeals from the order denying a new trial.

In a dwelling occupied solely by defendant was found a still, 10 gallons manufactured moonshine, some quantities of mash in barrels, and of corn and sugar in sacks.The still was not operating when found, but there was testimony that the odors from the mash were noticeable from the outside.There was nothing to indicate that the house was devoted to any other use than that of illicit distilling of liquor.The evidence of guilt was ample.

Because the officer who found the still and arrested defendant had no search war rant, a motion was made to strike his testimony from the record.Upon the refusal of the court to grant the motion, defendant bases her contention that her constitutional guaranties were violated.The...