People v. Musczynski

Defendant was convicted of a violation of the prohibition law. The evidence against him was procured by a search warrant issued by Fred P. Smith, a magistrate, on January 25,1922, arid executed about 11 o’clock that night. The search warrant recited that James McArthur had “made complaint on oath and in writing before me” and states that probable cause had been determined upon such complaint. Much of McArthur’s complaint is stated on information and belief, but he attempted to state, properly, circumstances which had induced such belief, among them that “an affidavit was made in deponent’s…