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eBook details

• Title: State v. Rice
• Author : Supreme Court of Montana
• Release Date : January 25, 1925
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 53 KB

Description

Intoxicating Liquors ? Unlawful Possession ? Search-warrants ? Contents ? Affidavit ? Sufficiency ? Suppression of Evidence ? When Motion Too Late ? "John Doe" Warrants. Intoxicating Liquors ? Illegal Search-warrant ? Suppression of Evidence ? Motion ? When Too Late. 1. A motion to suppress evidence consisting of articles alleged to have been seized under an illegal search-warrant, not made until the opening of the trial of a charge of unlawful possession of liquor, was too late. Same ? Seizures ? Owner not Entitled to be Heard as Claimant in Absence of Verified Claim. 2. In the absence of the verified claim to articles seized under an alleged void search-warrant required by section 11105, Revised Codes of 1921, the claimant has no right to be heard at the hearing at which ownership is to be determined. Same ? Search-warrant ? Affidavit ? Sufficiency. 3. Affidavit filed by a county attorney together with his deposition and the deposition of the person who asserted therein that he had purchased intoxicating liquor at a certain place, examined and held to contain positive statements of fact justifying a justice of the peace in the belief that there was probable cause that intoxicating liquor was possessed in the building described, and warranting the issuance of a search-warrant. Same ? Search-warrant Need not Contain Name of Owner of Premises to be Searched ? "John Doe" Warrants. 4. A search-warrant issued under section 11104, Revised Codes, is not required to contain the name of any person or that it be directed against any person, it being sufficient if it describe the premises to be searched; therefore where the name "John Doe" was inserted, it was surplusage and hence the fact that defendant did not answer that description did not vitiate the warrant. Same ? Unlawful Possession by Defendant ? Burden not upon State ? Instructions. 5. An instruction offered by defendant in a prosecution for the illegal possession of intoxicating liquor that the burden was upon the state to prove beyond a reasonable doubt that the liquor was possessed - Page 273 by the defendant with intent to dispose of the same unlawfully was properly refused, section 11079, Revised Codes, providing otherwise.

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