183 Wis. 339 | Wis. | 1924
The principal contentions made herein are (1st) that there was no competent evidence in the record showing that the liquor received in evidence was fit for beverage purposes; (2d) that possession of the liquid was obtained by unlawful means and therefore it was not properly before the jury; and (3d) that no search had been instituted and therefore defendant could not be convicted upon the second count of destroying fluids upon premises being searched. It is also contended that the search warrant was unlawfully issued and that evidence as to the liquids seized was improperly received. However, the evidence came in without objection on the part of the defendant and we do not consider it properly reserved for consideration here, although a motion was made to strike at the close of the state’s case.
There was offered and received in evidence by stipulation a letter from a chemist describing the fluid remaining in the bottle as well as that which was taken from the trap, from which it satisfactorily appears that the liquid which the defendant was attempting to destroy was suitable for beverage
The propositions involved in this case have been so recently and elaborately considered by this court that we deem further discussion unnecessary. See Novotny v. State, 182 Wis. 304, 196 N. W. 232; Pitkunas v. State, ante, p. 90, 197 N. W. 191.
By the Court. — The judgment of • the county court is affirmed.