The PEOPLE v. Montgomery

The municipal court of Chicago entered an order quashing a search warrant and the State has sued out a writ of error to review this order, as authorized by statute. (Ill. Rev. Stat. 1961, chap. 38, par. 747.) We have jurisdiction, a constitutional question being involved. People v. Watkins, 19 Ill.2d 11.

The affidavit for the search warrant, which was sworn to on August 9, 1961, stated that on August 1, the affiant saw a quantity of narcotics in the possession of one Ellis Montgomery at a certain address and that, the affiant purchased a package thereof from Montgomery on that date. The search…