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Show TECHNICALITY OVERRULED OVER-RULED IN THEODORE NICHOLES CASE Provo, July 27 In tho caao against Thoo. Nichols of Amorlcan Fork, charged with possession of Intoxicating Intoxi-cating llQudrs, City Jlidgo Abo W. Tumor yesterday ruled that tho court Is not concorncd with how ovldence Is obtained In such cases. Tho Impression Im-pression gained by attorneys present whs Unit the ovldcnco may, or may not, bo obtained through tho medium of search warrantH accurately filed and duly executed by the proper authority. Judge Turner also ruled that In this slate liquor Is not property and henco cannot bo returned to the "owner" If taken from the said "owner." Tho argument before tho court Indicated Indi-cated that through aa error the wrong description of a house had been made, and that the raid had been made In a house other than tho one Indicated Indi-cated by dlroctlon In tho search warrant. war-rant. The case was set for trial for a later dato. It Is said that if convicted con-victed Nichols will appeal the cao to a higher court and that this appeal ap-peal would test the ruling ot the lower low-er court Tm tho search and Belxure act Judge Turner, la discussing the ruling, Intimated that lnce there Is a question as to the eoaeilHttonality ot tho search and" aeUure aet It well may be' passed along to 'the svwewe court Tor dectsloa. It (a believed that this hope et obtaielag definite rating rat-ing from the supreme coart had considerable con-siderable weight with Judge Turner la making his rullag. I - |
