People v. Warner

Defendant seeks to set aside his conviction for violating the prohibition law on the ground, principally, that his motion to quash, and to suppress the evidence which had been obtained by a search warrant, should have been granted. He contends that the affidavit on which the magistrate determined probable cause for issuing the search warrant contained no statement of facts and circumstances within the knowledge of the affiant but was a mere recital of affiant’s suspicions, beliefs and conclusions, and was therefore wholly insufficient.

The affidavit is in form like that set forth in People v.…