Voorhies v. Judge of Recorder's Court

The recorder held that a search warrant duly issued under Act No. 338, Pub. Acts 1917, as amended by Act No. 99, Pub. Acts 1921, could not be executed in the nighttime, and upon the preliminary examination of two persons charged with violation off the liquor law, refused to consider the evidence procured under the search warrant and discharged the accused. We are asked to issue the writ of mandamus directing the recorder to reinstate the case and proceed with the examination.

The search warrant was issued during the forenoon of November 21, 1921, and the officer made the search about 11…