People Ex Rel. Wayne Prosecuting Attorney v. Tate

This is an appeal by the people from a decree dismissing a bill of complaint filed against defendant, Edward R. Tate, under Act No. 389, Pub. Acts 1925 (2 Comp. Laws 1929, § 9093 et seq. [Stat. Ann. § 18.901 et seq.]). In their bill of complaint the people sought to confiscate a motor vehicle which was used in connection with gambling, similar to that described in People v. Elliott, 74 Mich. 264 (3 L.R.A. 403, 16 Am. St. Rep. 640).

The people produced a police officer who, while testifying as to the arrest of the occupant of the car and the finding of gambling paraphernalia therein, was…