State v. Constanzo

GIVENS, Justice.

Prior to his trial for and conviction of receiving stolen property in violation of Section 18-4612, I.C., appellant, by timely motion, sought to suppress from evidence the stolen cigarettes as obtained by an il legal search and- the denial of such motion is the principal assignment of error.

The affidavit for the warrant described the premises to be searched as:

" * * * in a certain space under the building known and designated as the Roma Club, located in Garden City, Idaho, occupied by and under the control of said Ralph Constanzo, * * *.” The warrant commanded search—

“ * * *…