People v. Whelan

Counsel for defendant have been very fair, both to the trial court and to this court. They frankly and properly concede that the conviction should be affirmed unless the affidavit upon which the search warrant was issued was defective. They insist, however, that the use of the name Richard Roe in the affidavit renders that instrument a nullity, the evidence showing that such was not the true name of the man who accompanied the deputy sheriff to defendant's premises. For ages the names John Doe and Richard Roe have been used in pleadings and other legal documents to designate persons whose…