People v. Wittler

The defendant was convicted on a charge of the unlawful possession of intoxicating liquor. Evidence to sustain the conviction was obtained by virtue of a search warrant. At the examination before the magistrate and again in the circuit court, a motion was made to suppress the evidence on the ground that the description of the premises in the affidavit and warrant was not sufficiently definite, that the affidavit upon which the warrant was based was not sufficient in law and was false in fact, and that the warrant did not command the officer to make search in the daytime. The refusal of the…