People v. Holcomb

By the Court, Rosekrans, J.

The defendants were indicted for resisting a constable in executing a search war rant, issued by a justice of the peace, in these words:

[The search warrant was here set forth in the same words as in the statement of this case.]

The acts of the defendants, which were proved, were sufficient to convict them of the offence if the warrant was a legal justification of the constable in making the search, and taking the property. Upon the trial the defendants insisted that the warrant was void : First. Because it was directed “to any constable of the county of Washington,”…